The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-05-26
Challenges Opinion of Attor-
ney General VIM.
LANCER
HILDS DISTRICT
CONVENTION LEGAL
Legislature Has Refused to
Abolish This Fea-
ture
Fisk and Linde
Declare LANCER
/ Wrong in Opinion

Bismarck, N. D., May 26.-Thers
is nothing in North Dakota's
primary election statutes repeating
even by Implication, the caucus
and convention system as relates
to special elections, and that candi-
dates for congress in the First dis
trict may be nominated either by
convention system or by individual
petitions, is the opinion expressed
today by former Chief Justice c. J.
Fisk, adm former Attorney General
Henry J. L;nde, both Of whom
disagree with the findings of the
attorney general, as expressed in
his opinion yesterday.
The opinion handed down by At
torney General William LANCER Fri
day that the old convention and eau
Gus system has been put out of opera
ton because OF the primary election
lacks authority to call nomination
conventions, was challenged by re-
marks made by Judge Spalding, speak
ing before the Republican county CEN
trail committee meeting at the court
house this morning.
Judge Spalding, called before the
members of the committee, explained
that he had been requested to look into
the salient features of the state law
and to see whether there was any law
relating to the holdings of conventions
and what, and to report at the district
convention to be held in Grand Forks
on June 20.
Opinion Reverses Langers.
my opinion is that the law provides
for party nominations being made by
party conventions for filling vacan-
cies when a special election is called
for that purpose" stated the judge.
Judge Spalding cited the state pri-
mary law and each revision of 1t, in
detail. which provides that the nomin-
atoms for candidates for elections,
special elections and for certain offices,
including members OF congress, shall
be made as otherwise provided by
law. provided outside of the primary
law, which he holds is not in force for
special elections.
Does Not Repeal Provisions.
'The primary law does not repeal
other provisions of the law regarding
the making of nominations by section
number, ~sexplained the judge. 1T only
remains that such laws are in con-
formity with the primary law. The
Htical code Of 1899 and amendments
litical code of 1893 and amendments
thereto are still in force as to nomi-
nations for special elections for rea-
son that as to such elections the prt'
mary law and article 8 are not in con-
flict and are expressly retained in
force by the provisions Of the primary
law (already quoted)."
Provisions Left in Force.
Judge Spalding contends that these
provisions are still left in force as to
special election provisions for nomina-.
tions by convention. He stated that
the system of making individual nom
nations by petitions was in force be-
fore the enactment of the primary law
and is still retained, but does not take
the place of party conventions.
while it is true that the law makes
conventions because when the primary
distriCted, yet it Is the special duty
of the members of the state committee
residing within the district to aid in
the election of a congressman.
In this respect they correspond to
district conventions and undoubtedly
it should be the duty Of the secretary
of state to have the name Of the NOM
inee printed on the ballot when the
nomination is made at a party con-
vention held in conformity to the US
ages Of the party and under the jurls-
diction of party authorities"
Never Abolished Act.
Judge Spalding contends that the
state legislature has at all times refus-
ed to enact any law abolishing party
nominations.
This fact should be taken into con-
sideration," said the judge, and the
law and the proceedings given liberal
construction in harmony with the &C
ton of the legislature in refusing to
abrOgate party nominations"