Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-03-03
Cox, Represent The State,
Defends q 4 The Action Of
Secretary OF State Hall In
Refusing To Accept Peti-
tions For Filing.

N. Bismarck. N. D., March s.-When
adopted word for word the Illinois
statute of 1913 empowering women
to vote for presidential electors. 1t
Also adopted the construction placed !
on that statute in an Illinois supreme
cours decision of 1915-16. which was
to the effect that the terms of the
act were in no respect ambiguousSl
and that it was the plain intent of
the act to continue the powers con-
ferred on women voters, SO far as
presidential preference primaries
were concerned, to bauoting for pres
idential electors.
1 Points Madc by Cox.
This was the leading point made
by Assistant Attorney General e. B.
Cox this morning in defending befor
the supreme court the action of Sec
rotary Of State Hall in refusing t,
accept for filing petitions presente,
by women candidates for the ofic,
of delegate to the Republican ma !
OH the primary ballot to be vote~
March 16. '
Secretary OF state Hall advanced
as his authority for this action an
opinion furnished by Attorney Cen
eral LANCER at the request of Miss
Minnie j. Nelson, one of the dele
gates nominated by the second Re-.
publican state convention, held here
February II. In this opinion the at
of North Dakota are clear In their
intent that no one who is not an
telector for any particular office be
permitted to qualify for that Office.
The limited franchise act Of 1917,-
giving women the right to vote for
presidential electors. went no further
than that. the attorney general con-
did not give women the right to vote
for delegates to national conventions,
it did not give them the right to be-
come delegates.
Atty. VIM. I4emke, vice president Of
the National Nonpartisan league
and chief legal adviser to that or
ganization, Immediately took issue
with the attorney general, and when
league Republicans met as progress
third Of North Dakota's trio of Re-
publican tickets, they placed q wom-
an on their slate as candidate for
delegate to the Republican national
convention. When petitions nomin-
ating the league candidate, Mrs. M.
A. Rudd Of Fargo were presented,
; the secretary Of state declined to ac-
titude toward petitions nomina ating
Miss: Minnie J.. Nelson, submitted
after It became known that the
3 league planned to test the eligibility
Of women as national delegates.
The, Leagues Azxzu ent;i L Z.
The supreme court on petitionsssef
,4ssa p nd III as,ss isssa ed a1ss salteEnas
Of mandamuss returnable at 10 tht9
morning, directing the secretary Of
stats to place Mrs. Rudd on the bal
lot or to show cause for# not. SO do
ing. Attorney George x. Foster. for
merly Of the attorney generals staff,
appearing for MRS. Rudd, in oral ar
Z gument this morning, presented the
Following case:
Under a strict Interpretation Of
chapter 254, laws OF 1917, adhering
closely to the letter Of the law. this
limited franchise act really confers
no new powers upon women electors
of the state. inasmuch as it gives
them the privilege of voting at "elec-
tions" for presidential electors
whereas, Mr.. Foster pointed out. the
supreme court has held in cases here
tofore decided that primary is not
strictly an election, but is merely y
nominating convention. or at best Il
set Of elections. in which each
party ballots individually for its
nominees.
The practice has been, however
argued Attorney Foster. to give cleo.
tion laws broad Interpretation:
.'the trend has ever been" he de.
clared, toward emancipation" He
urged therefore that the court as
sumes a liberal attitude toward this
act and find that the intent of the
legislature was that women be giveE
a hand in the selection of presiden'
tial candidates. and that the assem-
bly, clearly intended that there bt
extended to the women voters OF thu
state every electoral privilege In con.
nection with the nomination of pres
idential candidates which Is, not ex'
pressly prohibited by the constitution
He argued, therefore that 1t wa
clear that the legislature did not pur
pose that women be given an oppor
tur,ity to vote for presidential elec
tors. whose function. Is purely me
chanical, and that they not have th'
privilege OF participating in the nom
ination Of the candidates for whom
these electors would be required t.
cast their vote. Consequently, Eos
ter contended, the law either give
the women OF North Dakota tn,
right to vote for national delegate
as we'll as presidential electors. or
gives them no right at all: and.
women can vote for national dele
gates, woman can serve as ma
!. tional delegate.
STATE Quotes Precedent.
Assistant Attorney General Cox. 70