The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-03-12
PETITIONERS ON E|R]| ) /. T.
MAY ASK HIGH.
COURT !; ] II / RULING
Bismarck Elector Dissatisfied
With Action of City
Commission
YOUNG GIVES OPINION

The supreme court probably will! be
asked to rule on the right Of petition
ers to withdraw their names from re.
call and other petitions before formal
action has been taken on chem as a
city commission Monday night, when
on advice of former Associate Justice
e. +. Burke, now Bismarck city at
torney, the board ignored the request
Of 40 voters that their names be
withdrawn from petitions recalling
Police Commissioner Bertsch, held
such petitions sufficient and ordered
a recall election held April %.
All of the city commissioners, in
Guiding President Lucas and Commits
sioner. Bertsch voted in favor .: Com
missioner, Best's motion for recall
based upon City Attorney Burke
opinion. There seems to be no oppo.
sition to the recall on the part of any
of the members of the city commits
sion, but electors who declare they
signed the original recall petitions
under a misapprehension Of the facts
insist that their rights are being sub
verified in refusing them permission
to change their mind, inasmuch as
their request for the withdrawal of
their names was made within ithe ten
days period during which the peti-
tions were still in the hands of the
city auditor, and before they had been
formally submitted to the city com.
mission. Several Of these petitioners
declaring the city commission had
no control over the petitions until THE
latter were formally submitted by the
city auditor and that they, thte peti-
TONERS, had authority over their own
signatures until such date as tornla!
action had been taken nthe petition,
threaten to mandanus the city audit
or to prevent the issuing of 4 call for
the recall election. Such action it is
said, would result in a speedy recourse
to the supreme court, via the Bur
leigh county district court, and would
result in a ruling on question which
the petitioners contend never has been
considered by the supreme court.
49," ,Young's Opinion. ~. -
Former Assistant Attorney General
Y. L. Young, representing a group OF
the petitioners who had requested
permission to withdraw, In comment
ing upon the probable action today
said: "Thea law provides that within
ten days from the date OF filing a peti.
ton for the recall of an elective of.
ficer OF. a city, the city auditor. shall
examine the same and ascertain
whether or not 1T is signed BY the re.
quisite NUMBER OF qualified electors of
the city, and shall attach to the petit.
ton certificate showing the result
of his examination. 'rha petition is
not submitted to the BOARD Of city
commissioners unless it is found sui.
ficient !. If it is found insufficient, 1t
maybe amended within ten days from
the date of the certificate and il
amended, the auditor again has ten
days within which to examine the
amended petition and to certify to his
findings. l, Fl, rs.4 rg
'Under the provisions of the sta
tute, continued Mr.. Young, lit it my
opinion that, the duty of determining
the sufticiency Of the petition rests
upon the, city auditor alone, and that
signers of the petition may withdraw
their names therefrom at any time af.
ter the petition has been filed and be-
fore final action has been taken there,
on by this officer. The final action
of the city auditor. consists Of his
making a5certificate as to the suffi.