The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-09-16
TWO POSSIBLE
METHODS OPEN
FOR AN APPEAL
According to Political Gossip
Publicity Pamphlet and
Fraud are Basis
LEAGUE CHARGES FRAUD
Say Many Names Fictitious
Nv. A. Has 1000 Names
To Spare

on file and Secretary of State Hall
preparing to issue formal call for
the recall election on October %, 43
days from today. political observers
in the state capital we're awaiting an
expected move by Nonpartisan forces
to block the election through court
action.
Two possible grounds for an ap-
peal to the supreme court for the re-
view of the Secretary of States de-
cision on the sufficiency of the petit
tions were pointed out. They are:
That there are no funds available
for the printing of a publicity pamph-
let before the election as required by
the constitution.
That there was fraud practiced In
so great a degree in obtaining petit
tions that they are invalid.
A request was made of the state
emergency commission by Secretary
of State Hall for $4,000 with which
to print a publicity pamphlet. Action
was deferred until after the filing OF
the petitions. Governor Frazier and
Secretary of State Hall only were at
this meeting. With the filing OF the
petitions the secretary of state was
preparing to renew his request at the
first opportunity. The members OF
this commission are Governor Frazier,
Commissioner of Agriculture Hagan,
two of the state officials whose recall
is asked, and Mr.. Hall.
Constitution Mandatory
The constitution provision regard
ing the printing of the publicity
pamphlet is mandatory. 1t says that
"the secretary Of state shall cause to
be printed and mailed to each elector
publicity pamphlet, containing
COPY of each measure together with
its ballot title to be submitted at any
election"
The printing of the publicity
pamphlet would, therefore, carry the
proposed constitutional amendments
and initiated measures, submitted by
the Independents as part Of the re-
call program, to every elector In the
state, giving an immense amount OF
free publicity to the opponents OF the
state administration.
The legislature authorized funds for
the printing of the publicity pamphlet
but the item was omitted from the en-
rolled bill, the secretary OF state mas
charged. Should the emergency COM
mission refuse to transfer funds for
the printing of the publicity pamphlet
the Nonpartisans might cite for fallure
to obey the constitutional provision as
a. cause for an appeal to the supreme
court to prevent the election. 1t IS
pointed out by Independents.
Fraud Affidavlts Filed
Charges of fraud in obtaining
signatures to petitions have already
been made by the Nonpartisans. 1t
was announced at the office of At
torney-General William Lemke that
he would return from speaking
tour next week and he is expected to
take up the legal phases OF the elec-
tion.
Assistant Attorney General W. A.
Anderson declared that numerous al
fidavits are on file In the attorney
generals office to the effect that
signatures were fraudulently obtained.
He declared these charges were that
persons other than the names or
those appearing on the petitions sign
ed them and in one case, he said, there
was a charge that children signed the
affidavit O. B. Tewes, Of the attorney
generals office, is to have charge OF
Stenoeraphers who will copy names
OF signers to recall petitions and Mr..
Anderson said they would be check
ed. :
The attorney-general may attack
the petitions by a request 10 the
supreme court to review them, under
the law. Protection, however. is al
forded the petitioners in that under
the law, as it is construed by the
secretary of state, petitioners have 70
days in which to amend petitions.
Supreme Court Can Review
Articles rs Of the Constitution says:
"The Secretary of State shall pass
upon each petition, and if he finds it
insufficient, he shall notify the Com
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 petit
tion shall be subject to review by the
Supreme Court But if the sufficiency
of such petition is being re-
viewed at the time the ballot is
prepared, the Secretary of State
shall | place the measure on
the ballot and no subsequent de-
cision shall invalidate such measure
| if it is at such election approved by
majority of the votes cast thereon.
If proceedings are brought against
any petition upon any ground, the
burden of proof shall be upon the
party attacking it,
Have 5000 Margin
The Independents, in filing $4,000
names. have about 5000 more than
are necessary to obtain recall. 1t
also is said that the Independents
have hundreds of names on petitions