The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-07-10
FRAZIER ACTED
ON POOR ADVICE;
MAY |NVAL|DATE
Supreme Court on Eve of Elec-
ton Holds LANCER Opinion
in Error
CONVENTION SYSTEM
NOT DONE AWAY WITH
Justice Birdzell Says Matter Can.
not Be Read Into Statute at
Will of Interpreter

Governor Frazier acted upon erro-
neous counsel when he specified in
his proclamation callig special elec-
ton for congress in the First district
that nominations be made only by in
dividual petition. l~
Relying upon the opinion of Attor-
ney General LANCER, the chief execu-
tive in his proclamation set the spec
ial election for a date which did not
permit the holding of delegate con-
ventions for the nomination of candi-
dates, which the supreme court on the
eve of the special election holds are
specifically provided for by statute in
the case of special elections.
May Inyalidate Election
BY so doing, competent legal au-
thorities contend, the governor may
have invalidated the special election
which is being held in the First dis
trict today. &
If anyone of the six defeated candi-
dates cares to raise the question, it is
extremely doubtful whether
congress will seat the victorious can
didate in 'today's contest because of
this irregularity. -
Because of the attorney generals
of the statue, the Re-
publican party has no candidate for
in the First, and there are on
the ballot the names of three men who
have no desire to be there ".A1, ~ +
r Opinion Down Last Night ~ ~
The supreme courts opinion, writ
ten by Judge Luther e. Birdzell, es-
pecially concurred in by Justice Rob-
lnson, and concurred in as to results
by Justice Grace, which came down
ate last evening", holds against At
:Orney General LANCER on every point
n the State of North Dakota in re
0lger B. Burtness versus Thomas
Hall, as secretary of state. 1t cites
hat the only reason for denying the
writ of mandamus prayed for by the
plaintiff compelling the secretary of
state to publish the name Of Olger
3. Burtness in the Republican column
IN the official ballot as the candidate
If the Republican party was because
he requirement that nominations be
certified to county auditors thirty days
an election applies to spec
al as we'll as general elections; and
because the governors proclamation
,alled the special election on such
short notice, it was impossible for the
to assemble convention
md certify their nomination to the
of state within the specified
ime. The nomination certificate OF
3urtness reached Halls office ten days
ate, and this, the supreme court holds,
8 the one and only reason why he
loes not appear on the official ballot
oday in the Republican column.
The Grand Forks convention, the
supreme court holds, was regular. The
Meeting of district committeeman call
I'd by State Chairman William Lemke
'Or the nomination of John M. Baer
Is the Republican candidate was not
regular, the court contends, holding
hat such committee has power to fill
occurring after nominations
nave OCCA lAduC UuI 1lot w AhSANS VI "a
nal nominations:
Preserves Functions
'The primary election law, which
the direct election Of pre-
;inct committeeman, and which d.
:ects how the regular party organiza-
ion shall be effected, contemplates
hat all of the original functions pre-
viously exercised by party committee
men shall devolve upon the commit
:eemen organized in conformity with
;he primary election law" reads the
courts opinion.
where a proviso excepts
he provisions of the particular Sec
ion from applying to special cleo
ions; and where the other sections
If the chapter deal with subjects ap-
oropriate for legislative regulation of
special elections, as we'll as general
elections, the exception is not to be
'ead into the other provisions of the
chapter" referring to its opinion that
Chapter. 109, session laws 1907 pro-
7iding for primary elections, does not
'epeal section 49S, revised codes 1899,
nor it's cognate sections authorizing
party nominations for public Offices
n delegate conventions, insofar as
hose sections are applicable to max
ing nominations for offices to be filled
1t special elections"