Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-07-10

IL ~ S"oS " ~
the fact that the demand was made on
the secretary of state to accept the
nomination certificate after the statu-
tory time for filing had passed, and
that for this reason only a writ of
mandamus will not issue to compel
compliance with the demands.
The syllabus of the supreme court
decision reads as follows:
The State Of North Dakota on the re-
lation of Olger B. Burtness, plain
tiff, VS..
Thomas Hall, as Secretary Of State Of
the State Of North Dakota, de-
PENDANT s
Syllabus: 1. Chapter 100 Of the
Session Laws of 1907, which provides
for the nomination Of party candidates
for various public offices at primary
cial elections for the offices therein
enumerated nominations shall be
made as otherwise provided by law;
and which concludes with a repeal
clause, repeating all conflicting laws
insofar as they relate to the provision
of the primary election act, does not
, repeal Section 498 Of the Revised
authorizing party nominations for
public offices in delegate conventions,
insofar as those sections are applicable
to the making of nominations for Of
fees to be filed at special elections.
2. Where the legislature for the
avowed purpose Of securing the per
petuation of the political parties" pro-
vides for the selection of party candi-
dates for public office by popular
vote, and by express enactment retains
as a part Of h machinery for placing
candidates upon the general election
ballot, a section of the statute (Sec-
ton SOL r. c. 1890 authorizing the
making of individual nominations by
groups of electors independent Of par
ty affiliations, it is not to be assumed
that the legislature thereby intended
elections to which h primary law is
extremely declaredetaoinf ?etaoin
expressly declared to be inapplicable.
. 8. The primary election law,
which authorizes the direct election of
precinct committeeman, and which
directs how the regular party organ
~ization shall be effected, contemplates
that all of the original function pre-
viously exercised by party committee
men shall devolve upon the commit
teemen organized 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-
lOTc oil olCCIlOIl, eCOIlSITuCu dIlu 81 nSlO
applicable to special elections.
g.. Where provision contained in
on 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 elections;
and where the other sections Of the
chapter deal with subjects appropri-
ate for legislative regulation Of special
elections as well 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 minis.
terial functions in connection with q
special election, demands are made
upon him, requiring that he file q
nomination certificate after the statu-
tory 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 individual
nominations after the statutory time
has elapsed for withdrawing a nomi.
nation, and which would require him
to honor the choice as to position or
the ballot of a 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
II. The power of a. party committee
to fill vacancies IN an election ballot
under Sections 977 and 978. c. Z. 1913
can be exercised where d vacancy oc-
ours after regular nomination. but
not to make an original nomination.
Original proceeding on writ of man
damus and Injunction On the relation
of Olger B. Burtness, plaintifH.
Writ and Injunction relief denied.
Opinion Of the court by Birdzell, J.