The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-07-10

en- out at Bismarck on the eve Of
| the election. The result was announ-
ced ten days ago, but the courts full
decision had been held up pending
the completion of the findings.
In this opinion, the supreme court
| afirms every position taken by the
| Republicans with the single excep-
| ton that their convention was held
too late, the law providing that
nominations must be made 80 days
before an election preventing them
from gaining a place on the ballot
| under the party designation, as the
law provides.
Committeeman Are the Power.
The elected district committeeman
OF party are also held by the courts
opinion as the regularly established
officials to handle party affairs, and
they are held the sole authority in
party matters.
In swinging the decision against
the Republicans the court cites that
provision Of law requiring the fling
Of nominations 80 days prior to an
election, and bars party or candi-
date from coming in, after the sec
rotary of state has performed mini
sterial functions incident to the GER
tification of candidates, etc.
Used "IlIegaI" Convention Argument.
Throughout the campaign, the
Nonpartisans have been making a
great play on the point that the Re-
publicans held an illegal conven-
ton, and the fact that the findings of
the court were delayed until the eve
of the elections this being the first
publication of the courts actual de-
cision on the points involved, barred
the Republicans from successfully
resisting the leagues campaign
theory
The supreme courts opinion is by
Luther Birdzell. concurred in special
ly by Justice Robinson, with Justice
Grace "concurring in result"
The court syllabus follows:
The State of North Dakota, on the
relation of Olger B. Burtness, Plain
tiff, VS.. Thomas Hall, as Secretary of
State of the State of North Dakota,
Defendant:
sion Laws of 1907 which provides
for the nomination of party candi-
dates for various public offices at
primary elections; and declares that
for special elections for the offices
therein enumerated nominations shall
be made as otherwise provided by
law; and which concludes with a re-
peal clause, repeating all conflicting
laws insofar as they relate to the FRO
visions of the primary election act
vised Codes of 1899 nor its cognate
sections authorizing party nomina-
tions for public offices in delegate
conventions, insofar as those sections
are applicable to the making of
nominations for offices to be filled at
special elections.
2. Where the legislature for the
avowed purpose of securing the
ties provides for the selection of
party candidates for public office by
popular vote, and by express enact
ment retains as a part of the ma
the general election ballot. section
of the statute (Section sol r. c. 1890
authorizing the making of individual
nominations by groups Of electors in
dependent of rarty Affiliations, 1t is
not to be assumed that the legislature
thereby intended TO preclude party
nominations for elections to which
the primary law is expressly declared
to be inapplicable.
3.'The primary election law, which
authorizes the direct election of pre-
cinct committeeman, and which di-
reefs how the regular party organiza-
ton shall be effected. contemI lates
that all of the original functions pre-
teemen shall devolve upon the COM
mitteemen organized in conformity
with the primary election law.
4. Section 974, Compiled Laws of
1913. which. directs the secretary Of
state to certify nominations to county
auditors not less than thirty days be-
fore an election, construed and held
applicable to special elections.
5. Where a proviso contained in one
section of a chapter, the whole Of
which constitutes the Australian Bal
lot Law which is applicable to both
general and special elections, excerpts
the provisions of the particular sec
ton from applying to special cleo
the chapter deal with subjects APP
prop riate for legislative regulation of
special elections as we'll as general
elections, the exception is not to be
read into the other provisions OF the
| chapter.
6. Where, after the secretary Of
state has performed all of his min
isterial functions in connection with
special election, demands are made
upon him, requiring that he file a
nomination certificate after the stat
utory time for filing the same has
elapsed, that he make changes in the
form of the ballot such as would ne
| cessitate the cancellation of individ-
ual nominations after the statutory
/ time has elapsed for withdrawing a
nomination, and which would require
him to honor the choice as to TO-
sition on the ballot of candidate
having two nominations after the
time for the exercise of an option has
expired, a writ of mandamus will not
/ issue to compel compliance with the
demands.
4 The power of a party committee
| to fill vacancies on an election ballot
under Sections GIT and 97S, c. L.
1913, can be exercised where a vacancy
occurs after a regular nomination, but
not TO make an original nomination.
Original proceeding on writ of
mandamus and injunction on the re-
Iation of Olger B. Burtness. plaintiff.
Writ and injunctional relief denied.
Opinion of the court, by Birdzell j.
Grace. j., concurs in result.
Robinson, j., concurring specially.