Morris tribune., 1920-07-23
KVALE OUSTED AS
REPUBLICAN NOMINEE
Violated the Corrupt Practices Law
in a Manner That Was Deliberate
Serious and Material"

Rev. o. J. Kvale of Benson, was
ousted as the Republican nominee
for congress from the seventh con-
deliberate, serious and material vio-
lation of the corrupt practices law,
by the decision of Judge Albert John
son in the ease brought against
Kvale for making the false state
ment that Volstead was ''pro-
nounced atheist" By this decision,
the Republican nomination for con-
gress in this district is given to
Andrew J. Volstead, the present in
cumbent.
Kvale's attorneys state that the
case will be appealed to the supreme
court immediately.
DECISION FLAYS KVALE
Judge Johnson's decision f1ays Rev.
Kvale for circulating the charge that
Congressman Volstead is an atheist, a
false. The circular making the
charge, the courts finds, was written
and circulated by Mr.. Kvale himself,
and it's statements were not trivial
or accidentally made.
"Sueh charges" says the court,
"made in Christian and God fearing
community like the seventh district
by a minister of the gospel, whose
word could we'll be taken as true un-
der ordinary circumstances, would
lead to disaster and defeat of the op-
| posing candidate" The offense,
Judge Johnson declares, was ''a most
deliberate, serious and material in
fraction of the law"
''It follows as a necessary conse-
quence that his nomination must be
annulled," says the court. "a seat
in congress cannot be obtained in
that way"
PETITION SUSTAINED BY JUDGE
Mr.. Kvale was the candidate of the
Nonpartisan league for the republi-
can nomination, and received 1850
votes in the primaries June 21,
against 13,O59 for Mr.. Volstead, who
has represented the district in con-
gress since 1903. A petition was fled
by L. P. Flaten and 48 others, con-
testing the nomination on the ground
that Mr.. Kvale had violated the cor
rupt practices law. This petition is
sustained by Judge Johnson. -
The decision attains nationwide i'm
portance because Congressman Vol
stead is author of the national pro-
hibition law which bears his name,
and chairman of the Judiciary COM
mittee of the house, which has charge
of such legislation. He has been a
target for the "wets," and his de-
feat in the primaries was subject
for rejoicing among the wet element
all over the country. Under the rule
of seniority in the house, his place
as chairman of the committee would
be taken in the next congress by a
wet, if he were defeated.
STATEMENTS RULED FALSE
Judge Johnson, among other find
ings of fact, holds:
THAT in his campaign for the
nomination of said Office, and as part
of said campaign, prior to said prim-
ary election, said contestee knowing
ly, deliberately and Intentionally pre-
pared, wrote and caused to be print
ed, circular of, concerning and in
relation to said Volstead as such
candidate, for distribution among
the voters of said district, print
ed copy of which is hereto attached
marked exhibit l and made part OF
these findings. That said circular
was not in itself any part of any
issue of any newspaper except thai
it was prior to said election inserted
and published as a paid advertise
; ment in the Swift County Monitor
a newspaper published at Benson In
said county. That said circular con-
tanned a statement charging that Mr.
volstead had made sneering allu'