The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-03-09
State Officer Declares He Did
Not Make North Dakota Laws
Which He Is Sworn as Public
Official to Obey Wonders if
Bishop Is Not Obeying His
Masters Injunction ii

Masters injunction
Replying to charges by William
Lemke, vice president Of the National
Nonpartisan league, to the effect that
the Mckenzie. Young political machine
through their satellites at Bismarck,
LANCER and Hall. are responsible for
depriving the women voters Of NOrta
Dakota of their legal right to vote for
delegates to the national conventions
of the different parties which appear
ed in The Courier: News Oh Sunday.
Secretary Of State Thomas Hall today
issued the following statement:
HALLS STATEMENT
"Bishop Lemke and his Courier
News appear to be highly indignant
, over the manner in which the ballots
for the presidential primary election
are being printed, and he advises all
women to 90 to the polls and vote for
candidates for president and for presi-
Dental electors Bill has been using
the maxim. Il care not who makes the
laws so long as l interpret them. for
such period that he has probably
ceased reading the statutes. Tho !!
have been advised by the Courier
News and Attorney Cannon that the
law specifically authorizes women to
vote for president. have been unable
to find and they have failed to point
out. such law.
"The presidential primary election
law was enacted in 1911. and two cleo.
tions have been. held under its provis-
ions. The only construction Of the act
heretofore has been the opinions Of
the attorney general and the practical
construction of the law by the: officers
charged with it's administration.
- HALLS CONSTRUCTION :
''The secretary Of state in constru'
ing this measure has been guided by
section 1918 c.. l.. 1918, which provides: !:
Words used iii any statute are to be
understood in their ordinary sense, eX
cept when contrary intention plainly
appears,
1.-THE law, section 91O, provides that
QUALIFIED ELECTORS shall have
opportunity to vote for candidates for
certain offices including delegates to
national conventions, and to express
their preference for President and
Vice President and that the votes
shall be counted canvassed and returll-
ed under the same conditions as 70
names. petitions and other matters g
far as the s;inleaare applicable as the
names and petiti0ifi Of party aspiraHts
for the party nominations for the Of
flee of Governor. and Of the United
States senator in congress
HOW PETITIONS READ
':"The petition for candidates for COY,
ernor and y. S. senators as given in
Section S53. follows:
State Of North Dakota)
" )Ss ~ :
County Of. .......) TIA IL. ..
i, UCAAS
duly sworn. depOses and say that re-
side in the county of. ........... state
OF North Dakota; THAT l AM A
QUALIFIED VOTER, there in and \
candidate for nomination
to the Office Of.
to be chosen at the primary election
to be held on the 10Th day Of March.
A. D., 1920. and l do hereby request
that my name I've printed upon the
primary election ballot.
as provided by law. as candidate Of
the. ..party for said Office
OF ............... .....-........''
..''..
.rr- -.
Subscribed and sworn to before me
TINS ..'...... .''..
Notary Public. North Dakota.
NV Commission expires. ............
''This is the form of petition and
affidavit filed by all candidates for
delegate. including Mrs. Rudd.
"Sec. 121 of the Constitution, as
amended by Art. ., Of Amendments.
provides: --~a
DEFINING ELECTORS
>'Sec. 121. Every male person Of the
age Of twenty-one years or upwards,
belonging to either Of the following
classes, who shall have resided in the
state one year, and in the county six
months, and in the precinct ninety
days next preceding any election, shall
be qualified elector at such election.
First-Citizens of the United States.
Second-Civilized persons of Indian
descent, who shall have severed thel:'
tribal relations two years next preced-
ing surh election.
''This is enacted into statutory laws
in Sec. 94S C. L. 1918.
"That women are not qualified elec-
tors! was held in Wager v sPrindeville
-21 n. D. 245.
1.-The constitutional provision pre-
scribing the qualifications, of electors
applies to primary elections. johnson
Grand Forks Co. ,16 N. D. 1853. State
v Flaherty q N, D. 313.
'But the Bishop argues that as the
supreme court has held that women
are eligible as delegates it logically
Z follows that she has the right to vote
for herself on for her opponent.
THE supreme court in holding that
the decision in People ex rel Garretson
Byers, 271 Ill. 600, was not controll-
ing, said That case involved the right
of women to vote. that question is NOT
before us. Being Of the opinion that
the electors OF a political party operat-
ing under the presidential primary
statute have a right to select as dele
gates persons who do not possess all
of the constitutional requirements OF
an elector. the writ will issue as
prayed for
LEMKE'S LOGIC
The bishops logic would result IN
this absurlity: as the supreme coul
has held that delegates do not need 70
nOSSpSS the uua1ifica tiOnS Of electors