Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-09-16
Legal Attack Likely.

Legal Attack Likely.
Bismarck, N. D., Sept. 16.-Inde.,
pendcnts here today were Watching
for possible attempt by the leaders of
the Nonparusan league to block the
recall election by throwing legal enc
tanglements in the way.
Any effort along this line would
proba bly, take the form of an appeal
to the supreme court on one or two
grounds. These are: v h. ~ ~
j.. That there are. no funds avail
able for the printing of publicity
pamphlet before the election.
2. Allegations Of fraud in obtain
ing a sufficient number Of signatures
to the recall petitions to invalidates
them.
Hall Demanded Funds.
s In connection with the first possi-
bility a request was made Of the
state emergency commission by Sec.
,retary of State Hall for $4,000 with
which to print a publicity pans,
Action was deferred until after the,
filing Of the petitions-Nittt the fling
OF the petitions the secretary OF state
was preparing to renew his request at
the first opportunity. The members OF,
this commission are Iovernor Fra
zier. Commissioner Of Agriculture
Hagan, two of the state officials
whose recall is asked, and Mr. Hail.
The constitutional provision regard
ing the printing Of the publicity
pamphlet Is mandatory It says that
the secretary of. state shall cause to
be printed and mailed to each elector
q. publicity pamphlet. containing a
copy Of each measure together with
its ballot title to be submitted at any
election" 51f y '.r@5
The printing Of the publicity
pamphlet would, therefore, carry the
y,V sr-a a1 90, .l,~an 49,
and initiated measures, suhmitteisshy
the Independents as : part OF there
call program. to every elector in the
sta'e. giving an immense amount, of
free publicity to the opponents Of the
stale administration.
Omitted in, Re ~,ords.
tn, legislature authorized tunisf
for the printing of the publicity
pamphlet but the item was omitted
from the enrolled bill, the secretary
of state has charged. Should the
transfer funds for the printing OF the
publicity pamphlet the Nonpartisans
might cite the failure to obey, the
constitutional provision as cause for
an appeal to the supreme court to
prevent the election, it is pointed out
by Independents.
Slim Chance Here.
AS to the second possibility IL
should be noted that the Nonpartisan
league press for several weeks past
has been filed with vague charges of
fraud in connection with the circula-
tion of the petitions. In only one case
however has there been any specific
charge, and in that case 1t was ad-s
mitted that the name Of the person
in question had already been remor-,
ed from the petition by the Independ-s
ents.
It would moreover be necessary FOR
the leaguers to prove that enough
signatures were illegally obtained ito
reduce the number Of signers below
the required minimum. AS there is L
large margin of safety on the number
of signatures however this possibility
does not seem to seriously affect the
certainty of the election being held.
What Law Says. Il
Article rs Of the constitution says:
THE secretary Of state shall pass up-l
on each. petition. and II he finds 1t In
sufficient. he shall notify the .corn-
mittee for the petitioners and allow
twenty days for correction or amend
ment. All decisions of the secretary
Of STATE in regard to any such pefi-
tion shall be subject to review by ti1s;
of such petition is being reviewed al
the time the ballot is prepared, the
secretary OF state shall place the
measure on the ballot and no subse-:
quent decision shall invalidate such
measure IT, 1t is at such election ap1l
proved by a J majority OF the votes
cast thereon. II proceedings are
brought against any petition upon
any ground. the burder Of proof shall
be upon the party attackinE IT..
The Independents. in filing nearly,
$4,000 names, have nearly 5000 more
than are necessary to obtain recall.
It also is said that the independents
have hundreds OF names on petitions
in their Fargo office which. if n0e
filed could be used in making any
corrections deemed Necessary. Be-s
cause OF the big margin Of signatures
on the petition for the recall eleekiani
the independents feel conn dent they;
are above court attack. Ansse even.
greater margin is contained fYisS the
petitions for the initiated laws and
the constitutional amendrnent ss89
Desperate Enort. &
The increasing frequency or tan II
fraud IN the N0npartisan cams NJ
convinced many politicians TINT 8
desperate e effort Will be made ~ fha
administration forces to prevent fh6
recall election through the cSxi
| Under the 1Aw fteaofY1cefS yrh8 -
recalled at recall ei4cticn SErx6 stl4.-
Ifil the result or slie spacaal Sleef4cA,
shall be made knewn III hrotn6fi iE ~ zSsf.
Ing of The stats canvaslfns boas