The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-11-22
ELECTION SUIT
is CONSIDERED
BY HIGH COURT
Petition Is Presented on Behalf
of Nonpartisan League
Taxpayers Here
TOO LATE - ROBINSON
Justice Says That Action Should
Have Been Brought Before
the Election
10 LATE - ROBINSON

~ d'elt tne inauguration OF
n; A. !Nestos tomorrow were some.
what dimmed late yesterday when
Justice Robinson, of the supreme
court, emphatically took them to task
Tor not having presented their case
'of alleged fraud before election.
me supreme court, however, after
nearing S. e. Ellsworth and Edward
Sinkler took the matter under advise
ment and Mr.. Ellsworth was asked to
sumbit today additional authorities on
the matter.
The explanation for the delay was
given to the court. Mr.. Ellsworth
said that it was impossible to have
completed all the checking before
election and that the extent of the al
legged fraud was not anticipated.
While the Nonpartisans alleged
wide spread Independent frauds,
Theodore Nelson, secretary of tho In.
dependent Voters Association, alleged
widespread mistakes upon the
part of persons who copied the names
off the recall petitions. 4a
He declared cursory examination
showed many names had been enron.
eously copied and therefore could not
be identified, leading to statements
that persons signed petitions who did
not exist Mr.. Nelson's statements
were, Of course, made out Of court,
and he refused to believe tha: the In.
dependents would be into court.
Hold Immediate Hearing
After the presentation of the petit
t!On to the supreme court late yester-
day the court decided on an imme.
diate hearing, which was held In the
senate chamber after it was found the
house chamber, usually occupied BY
the court, was too cold. A J, large
number of spectators were in the
courtroom.
Some remarks were made by Judge
Robinson and others. Judge Robinson
declared that it was never intended
that the Secretary Of State or the
Governor shouldanp out and make the
investigation of petitions but that
it was the dut Hbf the interested
parties, and criticised delay upon the
part of the petitioners.
Justice Christianson pointed out
that in most states trying expert
ments such as the recall, had founG
it necessary to provide safeguards,
and that in South Dakota it is requil-
ed that the petition be subscribed in
affidavit form.
Replies to Justice
Judge Ellsworth replied to the re-
marks of Justice Robinson declaring
there is no SUCH thing as est0ppal OF
the people of the state in q case like
this"
HIS suggested referee could be
named to investigate the petitions
and Edward Sinkler told the court
that in his judgment, there never has
been so much fraud as in this matter.
Justice Robinson had declared that
the petitioners were wrong IN their
Interpretation of the recall that it re.
uuired 30 per cent of those who voted
for Governor at the last election. Mr..
Sinkler declared this proposition
could be disregarded and still there
was not legal number.
The affidavit of George Laird, head
of the taxpayers committee which in
stituted the election suit, said thai
from an investigation it was ascer-
tained that more than five Thousand
persons have signed their names twice
upon said petitions and that II saiI
names we're not signed by the said
persons themselves same were 1org.
ed" and that more than ten thousand
persons have signed the recall petit
tions who did not vote for Governor
at the general election in 1920" and
that more than 1000 persons nave
signed the said petitions who were
not citizens Of the state"
Names Of Dead Persons
He further alleged that "on the sald
netitions appear the names Of a large
number of persons who had been dead
for a long time prior to their sigma
lures were purported to nave Deen
affixed" and that those who circu-
! lated the said petitions knew that the
said names of such dead men were
afixed," He alleged that the orig.
inal petitions show on their face that
the names of as many as 20 names
have been signed by the same indl,
vilual and in the same handwritlns.
During the discussion before the
court Justice Robinson emphatlcaiis
declared that it was entirely legal lot
persons who did not vote Tor cover,
nor in 1920 to sign the petitions anu
said that because the action Il
brought after election there is ques
tion "as to whether these parties nav:
any standing in court at all.
rYYHYnRrNY nNNIIME