The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-05-20
MACDONALD NOT
IN ACCORD WITH
CONSTITUTION
Judge Nuessle Dismisses Quo
WarrantO Proceedings
Against Miss Nelson
DOESN'T RULE ON MERITS

Neil G. Macdonald in district court
Monday afternoon fooled his second
attenpt to oust Miss Mirnie J. Mel
fsOh, state superintendent of public In
struction, from the Office from which
She elected him last January, first
with the aid of an 5000 majority of
the electoral vote OF North Dakota
and second with wri. of mandamus
from the supreme court. Judge Nues'
sic in district court held the statute
under which Macdonald sought to dis.
qualify Miss Nelson slitutlonal
Announcing his decision from the
bench Immediately at the conclusion
Of arguments in the quo warranto
proceedings instituted by Mcdonald
in an effort to prove his successor
unqualified for the office which she
holds, Judge w. l.. Nuessle yesterday
delivered the following opinion:
Il think might as we'll decide this
case here and now There has been
some question in my mind on point
| which has not been raised in this case
or in the argument at this time, and,
not being raised, l don't think it is
| necessary to pass upon it at this time.
1T. seems to me that the statute
concerning which argument has been
made here must be held unconstitu-
tional under the provisions of Sec. 50
| of the constitution. |, personally, can
not see any other construction that
can be placed upon 1t in view Of tae
various other sections Of the constitu-
tion with reference to the qualifica-
tons of various of the other officers,
to-wit: County superintendents judges
Of the supreme court, and various
other officers That being the case,
shall have to find for the defendant
that both sides are anxious to nave
this matter finally disposed of and
decide the matter at this time thus
expeditiously for that reason, DE
cause it is a matter Of great import,
matter of great CONCERN to the liti-
gants in this case, and to the public
generally.
81 am not passing upon the various
other questions that are raised here,
as | deem it is not essential that they
be passed upon. | am making this
decision solely or the ground that the
statute here in question is unc0nsti-
tutional and that the words of Sec. 81
of the constitution providing that
there shall be chosen these various
officers who shall have attained the
age of 25 years, shall be citizens Of
the United States, and shall have
qualifications of state electors, is de-
,terminative of this proceeding. That
will. be the ORDER
.|,,a,lF, Will Be Appealed. :,
1t is expected that Macdonald will
Immediately appeal from the order Of
Judge Nuessle to the supreme court.
The complainant is represented by
Judge John Carmody of Hillsboro, as
sistant U. S. district attorney; Ed S.
Allen, states attorney Of Burleigh
county, and ]. A. Hyland. Miss Mel
sons defense is being handled by At
torney General William LANCER, with
Assistant Attorney General E. e. Cox
on the firing line.
Macdonald's counsel called Miss
Nelson to the stand Monday after.
soon and subjected her to perfume.
tory examination which did nothing
further than to disclose the fact that
she holds a first grade life profess
sional teachers certificate of the same
grade as that held by Mr.. Macdonald.