The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-10-18
.LE IN K E RAISES
FRAUD CRY IN
ELECTION CASE
League Sees Plot Against Can
didate, But Charge Not Made
+, in Complaint
BALLOT SIZE. A QUESTION
Justice Robinson Doesn't See
Why Voters Should Become
I Confused with Ballot

Charges that concerted efforts are
being made to defraud the Nonparti-
san league in the preparation of bal
lots were made by William Lemke,
acting as attorney for the league, be-
fore the supreme court today.
Lemke was before the court asking
an injunction against the printing of
a four-column' ballot. His opening re-
marks constituted matter not contain
ed in his complaint, being charges of
various acts not mentioned>
Lemke was we'll launched>On a poll
tical speech when he was interrupted
by Justice Robinson, who asked that
sample ballots be shown the court as
the best evidence of whether Or
any there was any evident plan
to mislead league voters.
Justice Robinson. after looking at
the ballots, said he didn't see why any
voter should get mixed up as, he
pointed out, the word "Nonpartisan
league" is after the name Of each in
dependent league candidate. .
LeaguerS Marked =
Lemke's objection was that ballots
printed for some county auditors con-
tain but three columns one for the
Republicans, in which are most of the
league candidates, another for the
Democrats and third headed Indi-
vidual Nominations in which, separ-
ated by heavy lines, are bracketed five
;oli li,{ y o1 oln
dates and the Nonpartisan League in
dependent candidates for state offices.
Some county auditors ortared
a four-column ballot in which the
relative position OF the candidates is
not changed. Lemke said this was all
right.
Assistant Attorney-Genera e. B.
Cox, who appeared for the county au-
ditors and secretary of state, in an
swer to the question of Justice Bron-
son, said. that in his opinion the four
Fcolumn ballot was illegal, which the
league wants, but that he would not
.object because the matter was not at
issue. .. 49,
Lemke pointed to the little group
Of Debs7 electors at the top OF the
column. r'."& .-.Fr' "s.- ~
... Thrust at DebS ~ +.
"Debs is in the penitehtiary. and
there are thousands of voters who
would see those electors and wouldn't
vote for anyone in the column" con-
tended Lemke. But he added: '1'm
not criticing Debs or anyone for him"
Justice Robinson suggested that
under the law each independent can
didate may designate his principles in
five words, and that the league inde-
pendent candidates had chosen the
words, "Nonpartisan league" These
appear in heavy black type, under
each name.
Many anti-Townley and ToWnley
leaders who have seen both ballots
cannot see Lemke's objection. 1t is
just as easy perhaps easier, they
think, for league voter to pick his
candidates on the Independent ticket
on the three-column ballot as on the
four column ballot. In Burleigh
county the four-column ballot, which
Lemke wants, is used.
Lemke also said that since the ques-
ton was raised he understood that one
printing firm, at the direction OF a
county auditor, was printing TOUR
column ballots. .,..n,
Totten Affidavit
= Lemke read an affidavit by q. A.
Totten, Jr., of the publicity depart
ment of the league, in which he
charged that in Golden Valley county
the name of the league Independent
candidates for the Legislature were
left off the ballot, that one man was
left off in the counties of Stark, Nc
Lean and Adams. He charged this
was done fraudulently.
Mr.. Cox referring to this, said that
he could not say anything about II
since it was not material to the sub
ject before the court and that he had
never heard of it before presentation
to court but that: "since realize and
know the man who made the affidavit
put very little stock in it,
Mr.. Cox pointed out that the law
provided that any political party
which did not get five per cent. of the
votes cast was not entitled to party
column on the ballot. The socialist
party disappeared after the Nonpar,-
tisan came in power, and reappeared
this fall only as to presidential cleo
tors.
T Justice Grace suggested that some
electors might have hard time pick
ing out the league candidates.
Cox answered that he thought 1t
was an insult to the intelligence OF
the voters of North Dakota to say that
they were not able to run down the
columns and pick out the candidates
they wished to vote for
Justice Robinson inquired as to the
cost of printing the ballots over. 1t is
probable that it would cost thousands
Of dollars to do this. ~