The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-10-20
BALLOT WITH 3
COLUMNS HELD
TO BE LAWFUL
Lemke Loses One Contention in
Supreme Court Decision NO
Fraud is Found
DEBS NAME is BARRED
Socialists Having No Right to
Individual Column, Debs Name
Must Be Removed

The three-column ballot which Will
liam Lemke said was illegal is held
legal by the supreme court in it's
unanimous ruling in the ballot
fraud case" .,-
The placing Of the word "Debs' at
/ the side of a bracket after the five
socialist presidential electors is held
Improper, and defendants are re-
strained from use Of this name on
three-column ballots.
No finding of fraud is made by the
court. i-y
No necessity of a separate column
for socialists and other individual!
nominations is found.
These are~the outstanding features;
of the decision of the court, written
!, by Justice Bronson, in the case,
HANGED down late yesterday after
noon. -
&The court finds that in 40 Of the 80
counties Of the state there was no OBJ
lection raised to the form of the bal
lot. although Mr.. Lemke named 30
county auditors among the defend
ants. a.. .#.. =.
A separate answer was filed by the
auditor of Richlahd county to the ef-
feet that a feur-coumn ballot was
being used.
"a. The attorneys named with Lemka
in the case are Barnett and Richard
son, of Fargo, Clair d. Brickner. Of
Fargo, and Charles Crum. Of Mandau
No evidence is mentioned by the
court showing any conspiracy be-
tween Thomas Hall, secretary of state
and other persons, Of an attempt to
defraud the Nonpartisan league.
(! Grouping Not Proper
| In the thfee-column ballot, as we'll
as in the four-column ballot, the
names OF the socialist presidential
electors were grouped together, and
enclosed with bracket, and. one
square placed opposite. Judge Bron,
son holds that it is not proper TO
group them or to place the nam"
Debs opposite and also that there
must be five squares instead of one.
| Finding that the nominations of the
socialist candidates are essentially
individual nominations" the justice
holds that they are mot entitled to
any grouping which would represent
concerted party action
But the correctness Of our con-
clusion in this case does not depend
on the status with respect to the So
cialist party the justice says, taking
the position that if it were true the
socialists were entitled to party des
ignation then the petitioner would have
grounds for compliant.
! consequently we shall not under
take in this proceeding to determine
absolutely the position and form in
which their names may be placed up
on the ballot" he says.
Restriction Placed.
/ He holds that if "a three-column
ballot is used, it should contain at
least one column devoted exclusively
to individual nominations; that if the
socialist president and vice-president
electors remain in the column of indi-
vidual nominations. there be removed
the name of Debs: also that there D.,
removed the square or box purport-
| ing to facilitate the voting for the
group as a unit, and in lieu thereof
there be placed square opposite the
name of each individual designated
socialist. and that the respondents be
restrained from printing or, circulat-
ing three-column ballots which do not
conform to this decision.'
There repains, as result of the
decision, a question in the minds Of
some as to whether, to be in strict
conformity with the decision, the four
column ballots must be printed over
again and the Debs boxsEemoved. The
question of the legality of the four
column ballot was not at issue, the
attorney for the secretary of state
not raising the point because Of the
delay and expense which might be in
volved in.printing ballots again in the
event of decision in favor of this
contention.