The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-03-04
Supreme Tribunal Rules That
Fair Sex May Run, Inasmuch
as Primary, Strictly Speaking,
Is Not an Election, But Merely
a Party Nominating Bee -
Interesting Race Between
Minnie J. Nelson and League
Nominee Predicted
WOMEN NOT TO VOTE

While woman probably will
be member of North Dakota's ,
delegate to the national repuDii-
can convention at Chicago In
June as a result of the supreme
courts ruling yesterday that
women are qualified to act as
delegates, women will have no
voice in the selection Of a repre-
sentative ct their own sex to
speak for them at Chicago. The
women's ballots to be voted In
the presidential preference prim-
ary March 16 will contain the
names OF electors only. Both the
democratic and republican women
voters will have an opportunity
to elect one of their own sex as
a presidential elector, but the
question of their eligibility to vote
for NATIONAL delegates has not
yet Eeen determined, and the can.
didates for delegates therefore
will not appear on the women's
ballots. .E@
Adhering to its former rulings to
the effect that primary is not in
realty un election. but, is rather n
party nominating convention. Che su-
prcme court late wednesday eveilin.;
randed down an opinion to the effect
that Mrsl NJ. A. Rhdd Of Fargo should
II, given place on the presidential
preference primary ballot of March
16 as a candidate for delegate to the
~ fSnnnl <.oY x~ontinn of ('hf-
cago on June s. Mrs. Rudd was nom
mated by league republicans at Hills
boro anu endorsed by. the Townley
faction of the republican state central
committee in convention here last
week. Her victory will also win a
place on the ballot fOr<her only wom-
an rival Miss Minnie J. Nelson OF
Valley City. state superintendent OF
public instruction, nominated by the
second of the series of. three repubii-
can state conventions made IN ~
members Of the old-time progressive
faction. 1.
The question Of whether women
shall have II right t0sNOtes for national
delegates March 16 was not raised.
and was not ruled on by the court.
Atto1 ney General LANCER two weeks
ago. at the request Of Miss Nelson:
furnished hen. with his opinion to thu
effect that inusmuch as women can
not vote for national delegates they
cannot qualify for that office. The
secretary Of state. with this opinion
as his authority. declined to accept
Mrs. Rutld's nominating petitions
when presented for filing. Mrs. Rud'l
applied to supreme court for writ
Of mandamus and was granted an
alternative order which was argued
Wednesday forenoon.
George X. Foster. representing thu
petitioner, contended that the post of
national delegate is not a public Of
flee but is position filled from with
in the ranks Of a certain party. He
quoted from former opinions Of this
supreme, court holding that a primary
is not strictly speaking an election,
but is a party nominating convention !:
or. that if 1t Is an election at all. 1t
is group Of elections. in which the
republicans. the democrats and the
socialists or members Of other par
ties each ballot separately. The state
contended that the limited franchise
act Of 1917 under which this issue
was raised was clear in its intent tha:
women should not vote for national
delegates. butt only for presidential
electors; that North Dakota's statute
had been drafted bodily from the Hi
nois act Of 1916. and that this statute
had been interpreted by the Illinois
supreme court to exclude women from
voting for delegates. Therefore. in
sisted the state. not being qualified
to vote for delegates. women could
not serve as such.
HOLDS WITH PETITION
The supreme court in a general way
holds with the petitioner ruling that
a primary is not an election in the
strict sense. and that therefore North
Dakota election laws disqualifying for
holding Office anyone who is not an
elector for that Office. do not apply.
The supreme court does not rule IL
rcctly or Indirectly upon the question
Of women's eligibility to vote for
delegates. but there seems to be an
inference that this right is not grant
ed by the North Dakota act.
In view Of this Inference. Assistant
Secretary of State Duffy last night
expressed the opinion that the names
of Miss Nelson and Mrs. Rudd woutl
not be placed on the separate ballots
which are to be voted by women
: March 1G. OF these 100000 will be
printed. $4,000 for republican women
and $1,000 for those Of democratic
faith. An equal number Of ballots
to be printed for male electors will
contain the names Of the two women
candidates for delegates. and an in
teresting and significant contest be
tween Miss Nelson and Mrs. Rudd.
(C0nfinnpd on paua Eivel