The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-03-02
PRINTING BALL0TSHELD UP
UNTlLSUPREME C0URTDECIDES ,
WHETHER WOMEN HAVEAPLACB
Mrs. M. A. Rudd of Fargo,
Republican Candidate for Del
egate to Chicago Convention,
Obtains Writ of Mandamus
from States Highest Tribu-
nal

One more angle was injected int
the much -m,lddled North Dakota presi
dental preference primary. campaign
late Monday evening when just as the
time for filing nominations was abou:
to close. the supreme court served
Secretary Of State Hall with an order
to give Mrs. NJ. a. Kudd of Fargo II
place on the ballot as leaSue-rr
publican candidate for delegate to tn"
republican national convention. or t.
show cause at 10 Il. M March " for
his failure to do so. Secretary Oh
State Hall was also directed to notify
all county auditors that such order
had been served upon him. Mr.. Hall
stated Monday evening that he inter
preted the courts order to constitute
an injunction restraining him from
having the official ballots printed and
distributed before the court has ruled
on the question OF Mrs. Rudds> eliSibil-
ity. AS result copy for 100000 bal
lots will not go to the printer until
Wednesday or later. leaving only q
trife more than week for their print
ing and distribution.
CONTENTION OF LEAGUE
Two weeks ago. Attorney General
Langer. at the request of State Super
intendent Of Public Instruction Minnie
J. Nelson. nominated for delegate to
the republican national convention by
the second republican state conver'
tiOn held in this city. handed down
an opinion to the effect that mas
much as Miss Nelson was not quail
fled to vote for delegates to national
conventions she was not eligible /"
hold such office. The league immed>
ately dissented from I.anger'S ruling
and last week when it attempted to
file its blanket petition for delegates.
the name of Mrs. NJ. A. Rudd, one of
the candidates Nominated at Hills
boro, was included. The secretary OF
state declined to accept the petition
for the double reason that it was filed
in blanket form, whereas he contended
the law required each candidate to
file individually, ana further because
1t contained the name Of a woman who
was not an elector for the office sough'
and therefore, he held. in view Of TIE
attorney generals ruling. disqualified.
The leagues contentious in detail
were explained last evening by At
tOrney Geo. X. Foster. who petitioned
the supreme court in behalf Of Mrs.
NJ. A. Rudd. He holds that the at
tOrney generals ruling to the effect
that no one can qualify for state
Office to which he is not an elector
does not apply in this instance for
the reason that the position Of delegate
to a national convention is not Il stat"
or national office, hut is merely favor
which is within the gift Of volun-
tary political association which is not
Of public or official nature and whose
members have right to select for
such positions any other member 'f
such association whom they ma!
choose.
Any member Of any party has a
right to become Il, candidate for any
position which that party has to fill.
regardless Of whether he or she is
an elector, qualified to hold state OF
national Office. Mr.. Foster insists. His
contention would appear to Indicate
the stand that the primary is con-
tinuatiOn Of the old convention sys
tenn. in which members of the various
parties met and selected from withl
the ranks of their party. without re-
spect to eligibility for public office.
delegates whom they wished to rep
resent them at their national con-
vention.
Attorney William Lemke. vice preSi.
dent of the league and chairman of
the republican state central commit
tee. has further held that inasmuch as
North Dakota's limited franchise act
gives women the privilege of voting
for presidential electors it must have
contemplated giving them the right
of voting for delegates to represent
them In the selection of presidential
candidates.
WILL AFFECT MISS NELSON
Should the supreme court hold that
women are entitled to become can
didates for national delegates. Miss
Minnie J. Nelson also will he entitled
to a place on the republican ticket.
She was nominated by the second re-
publican convention. and in order to
be prepared for all emergency her
nominating petitions were left with
the secretary of state Monday under
the same conditions as those prevail
ing in the case Of the league nominee.
Should the supreme court rule favor
ably on the question of eligibility,
there seems to be no question that
North Dakota will he represented for
the first time in a national convention
by a woman delegate.