Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1921-12-01
JUDGE ROBINSON
GIVES REASON FOR
DENYING CONTEST
Points Out Officers Recalled
Examined Petitions and
Then Authorized Hall to
Issue Publicity Pamphlet
Says Decision Of Voters Is
Final.

Final.
| In North Dakota the Recall Elec-
ltion and the sufficiency of the recall
petitions are still the current topic.
Governor Frazier, Lemke and Ha-
gan, the recalled officials made no
attempt to- obstruct or contest the
ELECTION. Wisely and gracefully they
bowed to the voice of the people.
But, because of alleged defects in the
recall petitions, five electors, assum-
ing or presuming to represent the
state, sought to undo the election.
On November 21st they filed peti-
tion asking the Supreme Court to en-
join the State Canvassing Board
from canvassing the returns and Of
ficially declaring the result of the
election. Though for different rea-
sons all the judges promptly concur
red in denying the petition. Their
reasons were different. Here is one
opinion as submitted and filed:-
Laird, ct al VS.. Hall, .et nj
/ Robinson, j.: Now, at this late
day, twenty-four days after the re-
call election, held on October 2S,
1921, five persons claiming to be
citizens and taxpayers, file a petit
tion asking the cours to enjoin res
pondents. the State Canvassing
Board, from canvassing the votes
and certifying the result of the cleo
tion. The petition is based on al
legged defects i nthe petition filed
for, the recall of Governor Frazier,
William Lemke, Attorney-General.
and John N. Hagan, Commissioner
of Agriculture. 1t is contended that
the petitions do not contain suf-
ficient number Of legal signatures
to warrant the recall election; that
o nthe recall petitions large numbers
of signatures are forged and a large
number duplicated and many have
tsigned who did not vote for Cover
nor at the general election in 1920.
However, it does appear that at the
general election in 1920 the total
number afsYotes7 tsnf0rSs4 G overnar
was 229,060,g of which thirty per
cent is 6S,SS2, which is. the num-
Der of legal voters that should ap-
pear on each recall petition. The re-
call petitions on their face purport
to be signed by legal voters which
|n1lmDer as 1OllOWS:
For the recall Of Governor
Frazier. ....-.-.-!-..--...........:. 49, ,S93
For the recall of
William Lemke ...... 73,237
For the recall of
Mr.. Hagan .... 73,1S7
OF course the recall petitions are on
file in the office of the Secretary Of
State and are there subject to in
spection. 1t Is quite possible that
the petitions contain some duplicat-
es and signatures of persons not le-
gal voters, but from an examination
of each petition no one can say that
| it does not contain signatures of at
least GS,SS2 legal voters. The pc
titiOns were filed in the office of the
Secretary of State on September 16,
1921 and the officers against whom
the recall was filed promptly caused
the petition to be examined and cop
led and then caused $4,000 of the
ferred to Secretary Hall for the pur-
pose of the recall election by publish
ling and ditributing the state pub
hcity pamphlets. Accordingly the
ELECTION was called and held and the
votes have been duly certified to the
Secretary of State and it is general
ly conceded that the officers recalled
have lost by a margin Of votes ex
ceeding four thousand The recall
amendment is to this effect:
1.-The qualified electors of the
state or. of any county, or Of any
congressional, judicial or legislative
district may petition for the recall
of any elective, congressional, state.
county, judicial or legislative officer
by filing a petition with the officer
with whom the petition for nomina-
tion to such office in the primary
election is filed demanding the re-
call Of such officer. Such petition
shall be signed by at least thirty per
cent of the qualified electors who
voted at the preceding election for
the office of Governor in the state,
county or district from which such
officer is to be recalled. The Off
GERS with whom such petition is fill
led shall call special election to be
held not less than forty or more
than f0rty-five days from the filing
of such petition.
It is claimed that under this re-
|call amendment no electOr may sign
la recall petition unless he voted at
the preceding election. for the office
|of Governor and that numerous per-
sons who signed the recall petition
had not SO voted; but that is not q
fair construction Of the amendment.
Its plain meaning is The qualified
ELECTORS may file the petition and it
must be signed by q number of cleo
tors equal to thirty per cent Of the
votes given for the office 6of Cover
NOR. The officer who orders q spec
ial ole ction must do 90 on inspection
LOT the petition and neither he nor
the Canvassing Board have any
means Of determining how . person
voted at prior election. Statutes
must be given q construction that ID
workable and practical. a petition
for the recall of \ state of ficers must.
|be filed nth the Seer retaFy Of State
Lanfis ha III uat cav IN AlActf0n To he