The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-10-01
N0NPARTISANS
NOT TO GO ON
ASG.0.P. MEN
Suprme Court Upholds Judge
Leighton in Throwing Con-
test Out
NOT DECIDED ON MERITS
Action Dismissed on Demurrer of
Defendants-Appeal Filed
too Late !

Anthony Walton, president of the
North Dakota Equity society, and fel-
low Nonpartisans of Ward county will
not go on the ballot for the November
dates. The supreme court this after
noon handed down an opinion sustain.
ing Judge Leighton Ct the Ward coun-
ty district court, who dismissed the
action contest brought by Walton and
three other league candidates for the
legislature on demurrer by the de-
PENDANTS who contended that the con-
test proceedings had been filed two
days too late.
The defense held in its demurrer
that the statute requiring that notice
of contest be filed within ten days 'op-
Grated from the date upon which the
party affected certified it's return.
This date, commended the defendants,
was July 8, while the affidavit of con-
test was not filed until July 10, or one
day too late. The appellants and 2eti-
toners argued that the canvassing
board as whole did not complete its
duties until July II, and that the at
fidavit of contest was filed within the
required ten days.
The majority opinion of the supreme
court is interesting in that it considers
the official canvass of the board as
the final act of nomination OF the
party filing the certificate. In other
words, the present county canvasslng
board is the nominating convention,
and the supreme court holds, when
the canvassing board files its certif-
cate. nominations are closed. Then
any contest which may be filed must
be originated within ten days from the
date upon which the votes OF the
party concerned are canvassed and the
official returns certified. 1t would
not matter in a contest affecting re-
publican nominees that the canvassing
board had not certified the results as
regards democratic denominations un-
til two days later, rules the court.
Judge Grace in a dissenting opinion
holds to the contrary, contending that
the nominations of no party are closed
until the vote of all parties has been
canvassed and the returns duly certi-
fled.
The plaintiffs and appellants in this
action were Anthony Walton, league
floor leader in the last assembly: J.I
E. Erb and Bert Solberg, unsuccess-
full league candidates for the repub-
lican nomina ton for members, OF the
house of representatives from Ward
county. The defendants were Ben
Olson. Guy HUMPHREYS, O. ]. eleven
and George Reishus, the, successful in
dependent candidates for the repub.
lican legislative nominations. The real
merits of the contest. which lay in
claim that registration is obligatory
under the primary election system.
and that 1000 Minot voters had failed
to register, but swore in their votes
on primary election day, and that
their votes should not be counter, was
not ruled upon in either court.
Walton. who had the highest vote
among the league candidates. was but
"A behind his successful Independent
opponent. The claim was made by
the petitioners that had the election
boards, as required by law, refused to
accept the 1000 votes which were
sworn in on primary election day by
republicans who had violated the pri-
mary election law by not registering
at the proper time, all of the Nonpart-
isans would have, been nominated by
easv me iorities.
Wal on. i-rh and Solberg. without
awaiting the decision of the supreme