Grand Forks herald., 1919-05-20
MACDONALD
LOSES AGAIN
Action Testing Miss Mel.
sons Qualifications is
Thrown Out Of Court

Bismarck, N. D., May 20.-Neil G..
Macdonald in. district court Monday
afternoon fooled his second attempt
to oust Miss Minnie ]. Nelson, state
from the office from which she eject
ed him last January. first with the
aid Of an 5000 majority of the elec-
toral vote Of North Dakota. and Sec
ond with a writ of mandamus from
the supreme court. Judge Nuessle
in district court held the statute un-
der which Macdonald sought to dis
qualify Miss Nelson unconstitutional.
Announcing his decision from the
bench Immediately at the conclusion
of arguments in the quo warranto
proceedings instituted by Macdonald
in an effort to prove his successor
unqualified for the office which she
holds, Judge w. L. Nucssle yesterday
delivered the following opinion:
II think I might as we'll decide
this case here now. There has been
some question in my mind on a point
which has not been raised in this
case or in the argument at this time,
and, not being raised. I don't think
it is necessary to pass upon it at this
time
"It seems to me that the statute
made here must be held unconstitu-
. tional under the provisions of section
50 of the constitution. I. personally,
:. cannot see any other construction
that can be placed upon it in view
of the various other sections of the
constitution with reference to the
qualifications Of various of the other
ents, judges of the district court,
judges of the supreme court. and var
ious Of the other officers. That being
the case, shall have to find for the
defendant at this particular time.
anticipate that both sides are anxious
to have this matter finally disposed
of and decide the matter at this time
thus expeditiously for that reason.
! because it is a matter Of great i'm
/ port, a matter Of great concern to
the litigants in this case. and to the
public generally.
II am not passing upon the various
i other questions that are raised here,
as deem it Is not essential that they
! be passed upon. 1 am making this
decision solely on the ground that the
statute here in question Is unconstitu-
tional and that the words of section
81 of the constitution providing that
there shall be chosen these various
officers who shall have attained the
age Of Is years. shall be citizens of
the United States. and shall have
qualifications of state electors, is de-
| termlnatlVe OF LnIS pTOCeeuHS. 4Hdl
win be the order"
| viii 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 Hills
boro, assistant United States district
attorney: Ed. 8. Allen. states attorney
Of Burleigh, county. and J. A. Hyland.
| Miss Nelson's defense is being han-
died by Attorney General William
LANCER, with Assistant Attorney Cen
eral e. b. Cox on the firing line.
| Macdonald's counsel called Miss
Nelson to the stand Monday after
noon and subjected her to a perfume
tory examination which did nothing
further than to disclose the fact that
4 she holds first grade life profession
al teachers certificate Of the same
grade las that held by Mr.. Macdonald