The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-11-16
LANCER SAYS 6.
BALLOTS CAN
BE CANVASSED
Attorney Generals Opinion in
Direct Opposition to Pat.
terson Stand.
EASY FORTY DAYS TO GO
State Canvassing Board Will
Adjourn from Time to Time
to Get Vote.
EASY FORTY DAYS TO GO

Attorney General LANCER stands pat
on the absent voter privilege assured
North Dakota soldiers and sailors in
service in foreign lands by an act of
the special session Of 1918. His atten-
tion called to the fact that the Bur.
leigh county commission had ruled
out and declined to canvass seven
soldiers absent voter ballots received
following election day, Attorney Gen
eral LANCER declared that these bal
lots would be canvassed by the state
canvassing board and, the soldier vot
ers be given a voice in their county,
legislative, state and national cleo
tions, as decreed by legislative enact
ment.
Mr.. .Langer's opinion is: "There can
be no question but that the intent OF
the legislature as expressed by chap
ter 6 of the laws OF the special ses-
sion of 1913 was to furnish method
of voting to those citizens and elect
ors of this state who will be absent
therefrom on election day, on account
of having given themselves to the
service of our country. 1t is our
duty as officers of the state to give
effect to the intent of the Legislature
and to dispose of apparent conflicts
in the, laws whenever possible 4
This Is a paragraph from an opin-
ion furnished D. r. Yonker, states at
.torney Of lDickey county, under date Of
August 9, and Mr.. LANCER states that
it still stands as his views on this
subject Further, Mr.. LANCER says:
1T is provided that ii the ballot is
not returned to the county auditor in
time toabe forwarded to the proper
precinct in time to be canvassed, the
county auditor shall retain the ballot
and deliver it to the county canvass
ing board AT ANY TIME WHICH 1T
ARRIVES PRIOR TO THE KEGU.
LAR OR ANY ADJOURNED MEET
ING OF THE STATE CANVASS1NG
BOARD. AS a mem.er of. said
safe canyassing board l shall rec
ommend and urge regular adjourn
ments of said board ii the same are
found necessary in order that such ab-'
sent voters ballots may be receiY.
ed. and counted, to the end that at
least seventy days will have elapsed
from the time the ballots are for
warded until the final count Is made,
as was the evident intent OF the legis'
lature. This, am sure, will extend
q sufficient time for all our soldiers
and sailors who are legal electors to
exercise their franchise. The vari-
GUS county auditors Of the state will
be notified in due time as to this ar
rangement In order that the practice
may be uniform over the entire state
The Burleigh county commission,
under the leadership of Edward G.
Patterson, sitting as a canvassing
BOARD this week, ruled out all soldier
ballots. which had been received
since the closing Of the polls, on the
alleged grounds that they could not
be canvassed since they had not been
delivered on election day. This ac'
ton was taken on motion of Judge S.
l.. Nuchols of Mandan, law partner OF
Attorney General LANCER, in-behalf OF
Ed s. Allen, a Patterson protege, who,
with the aid of the Burleigh county
organization, piled up a
majority of 21 over States Attorney
F. E. McCurdy, seeking reelection on
the republican ticket. Friends OF Mr..
McCurdy had contended 'that the l5o
absent voter ballots sent to soldiers
and cailors' from this county now in
foreign, lands would more than over
come Aliens small lead.