The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-03-03
Assistant Attorney General Cox
Insists That in Borrowing the
Statute We Must Also Ac.
cept Original Interpretation of
Law, Which Would Bar Mrs.
Rudd and Miss Nelson from
Place on Primary Ballot
Foster, for Petitioner, Asks
Broad Interpretation

in 1915 adopted word for word the
Illinois statute Of 1913 empowering
women to vote for presidential electors
it also adopted the construction placed
on that statute in All Illinois supreme
court decision Of 1876. which was
to the effect that the terms Of the
act were in no respect ambiguous
and that 1t was the plain intent Of
the act to confine the powers con-
ferred on women voters, SO far as
presidential preference primaries were
concerned. to balloting for presidential
electors.
This was the leading point made by
Assistant Attorney General E. B. Cox
this morning in defending before the
supreme court the action Of Secretary
Of State Hall in refusing to accept
for filing petitions presented by wom-
en- candidates for the office Of dele
gate to the republican national con-
vention requesting a place on the pri-
mary ballot to be voted March 16.
Secretary Of State Hall advanced
as his authority for this action an
opinion furnished by Attorney General
LANCER at the request Of Miss Minnie
!. Nelson. one Of the delegates NOM
mated by the second republican state
convention. held here February II. In
this opinion the attorney general held
that the statutes Of North Dakota are
clear in their intent that no one VIII"
is not an elector for any particular
office be permitted to qualify for the
office. The limited franchise act Of
1917, giving women the right to vote
for presidential electors. went no
further than that. the attorney general
cOntended. and. he held. inhsmuch as
it did not give women the, right to
vote for delegates to national con-
ventions. it did not give them the
right to become delegates. -
Attorney william Lemke. vice presi-
dent Of the National Nonpa rtisan
league and chief legal adviser to that
organization. Immediately took Issue
with the attorney general. and when
league republicans met as progressiyes
at HfllsbcrO to nominate the third
of North pakota's trio " republican
tickets, they placed a woman on their
Sldtc HS Il CUHulUulO 1OI euSS w
the republican national convention.
When petitions nomina ting the league
candidate, Mrs. NJ. A. Rudd of Fargo,
were presented. the secretary Of state
declined to accept them. He adopted
the same attitude toward petitions
nominating Miss Minnie j. Nelson.
submitted after it became known that
the league planned to test the ellglDll
itv of women as national delegate.
THE LEAGUES ARGUMENT
The supreme court on petition OF
Mrs. Rldd issued an alternate writ
of mandamus returnable at 10 this
morning. directing the secretary OF
state to place Mrs. Rudd Oh the ballot
or to show cause for not so doing.
Attorney George X. Foster. formerl!
of the attorney generals staff. appear
ing for Mrs. Rudd. in oral argument
this morning presented the following
case:
Under strict Interpretation of
Chapter 254 laws of 1917, adher1ns
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 "elet'
tions" for presidential electors, where
as. Mr.. Foster pointed out. the su'
Dreme court has held in cases here
fore decided that primary Is moi
strictly an election. but is merely a
nomina ting convention. or at best Is
set of elections. in which each
party ballots Individually for its nom
inees.
The practice has been. however
argued Attorney Foster. to give elec
ton laws broad Interpretation: TN.
trend has ever BEEN he declared
toward emancipation He urged
therefore that the court assume
liberal attitude toward this act ant
find that the intent Of the Legislature
was that women be given a hand II
the selection Of presidential caAdl
dates. and that the assembly clearl!
intended that there be extended t.
the women voters Of the state ever!
electoral privilege in connection witt
the nomination of presidential can
didates which is not expressly pro
hibited by the constitution He argued
therefore. that is was clear that thf
legislature did not purpose that WON
en- be given an opportunity to V"t'
for presidential electors. whose fulc
ton is purely mechanical. and thu
they not have the privilege OF par
ticipating in the nomination OF th'
candidates for whom these electors
would lie required to cast there Vote
Consequently Foster contended. th'
law either gives the women of Nortl
Dakota the right to vote for llatloha
delegates as well as presidential cleo
tors. or it gives them no right a
all: and. if women can vote for Ia
tional delegates. a woman eau Serv
as national delegate.
STATE QUOTES PRECEDENT
Assistant Attorney General Cox. fo
the state. argued first that the Mort
Dakota statutes clearly prohibit a cit
zen from holding any office for whic
he or she is not an electOr. and tina
inasmuch the legislature did not Civ
women the privilege of voting 70
national delegates it is self-evider
that women cannot serve as nations
delegates. Chapter o54. laws Of 1871
must be construed as it reads. he d.
clared. Its terms. he insisted. ar
not in the least ambiguous, but al
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