Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-03-10

Hh"SSAS0A SOuStTuCllOIl OIL LnO law Oy
the Officers charged with its admins
tration. 81
Guided by Law.
The secretary of state in construinf
this measure has been guided by sec.
ton 1878 G. L. 1913, which provides
Words used in any statute are to b1
understood ip~their ordinary sense
except when q contrary intention
plainly appears"
The law, section $40, provides tina,
qualified electors shall have opportun.
ity to vote for candidates for certain
offices including delegates to nationa
conventions, and to express their pref.
ere1ce for president and vice presi'
dent, and that the votes shall bt
counted, ~canvassed and returned un'
der the same conditions as to names
petitions, and other Mstters so far a.
and petitions Of party aspirants fol
the party nominations for the office Of
governor, and of the United States
senator in congress"
+ Petition Reqnised.
h petition for candidates for gov.
ernor and U. s. senators as given In
section SIS, follows:
State Of North Dakota.
'. v"
depose and say that reside in the
county Of .......... State of North
Dakota; THAI I am a qualified voter
therein and a ...... ...... candi.
date for nomination to the office OF
............ j., to be chosen at the
primary election to be held on the
18th day of March, A. D.. 1890, and
do hereby request that my name be
election ballot. as provided BY law,
as candidate of the. ......... party
for said office of -.
.........
Subscribed and sworn to before me
tnls
..... .... .....
Notary Public. North Dakota.
My commission expires. ....
This is the form or petition and at
fdavit\ filed by all candidates for dele
gate, ifcluding Mrs, Rudd.
The Constitution. 2.
Sec. 121 OF the constitution. as
amended by Art 2 Of amendments,
provides: -
Sec. 121. Every male person Of
the age of .t~Went~-one GEARS or
upwards. belonging to either Of
the following classes, who shall
a. ~ ~ N"i -
and in the county six months. and
in tho precinct ninety DAYS next
preceding any election. shall be a
qualified elector at such election.
: First-Citizens OF the United
States.
second-civlized persons Of
Indian descent. who shall. have
severed their tribal relations two
years next preceding such cleo
ton.
This Ia enacted into statutory
law il, Sec. 94S G. l.. 1918.
Thai wome are not qualified
electors, was held in Wager v.
Prindeville. 81 ND. 245.
The constitutional provision
prescribing the qualifications of
electors applies to primary cleo
lions. Johnson V. Grand Forks
Co. 16 n. D. 1868. State V. Flaher-
ty 2s n. D. 313.
7 Supreme Court.
But the bishop argues that as the
supreme court has held that women
are eligible as delegates it logically
follows that she has the right to vote
for herself or for her opponent.
The supreme court in holding that
the decision in People ex rel Garrett
son v. ByeEs. 2T1 III. 500, was not
COhlICltlH6 Sd1u raEJIlhSs ease IVSOlteu
the right Of wonen to vote, that aues-
ton ia not before US. Being ,of the
opinion that the electors of a. political
party operating under the presidential
primary statute have a right to Sc
1ect Al delegates persons who do not
possess all sf--the constitutional re-
quirements Of an e%lecter, the writ will
issue as prayed for
Absurd Iogic.
The bishops logic would result in
this absurdity; as the supreme court
has held that delegates do not need
to possess the qualifications Of cleo
tors, all candidates fer delegates do
possess the qualifications Of electors.
2 He aleo says that the manner Of
printing the ballots was a political
trick perpetrated by the secretary Of
state without informing the court or
the public. Mr.. Lemke knows this to
be untrue. but he should not be judg-
ed too harshly as he is probably only
obeying the injunction of his superior.
Lie, lie like a id horse thief"
This office has during the last sew
eral month advised all tBqgirsrs that
women voted only for presidential
electors at the presidential primary
election.
Under date Of January 21st. i ad-
ylsed a number at county auditors in
Guiding the auditor. Of Cass county Of
my construction Of the law, and il any
felt that this construction was err
r0neO4s, there was ample time t hare
q judicial Interpretation.
The proposed method OF printing
the ballet WA stated to the cna1t by
Assistant Attorney General Cox ana
Of the court, and II the court consid-