The Ward County independent., 1921-09-22

/. Non-Partisan elections.
2. Partisan elections.
8. Public repositories
4. Industrial Commission.
5. Rural Credits.
6. Bank of North Dakota.
The Nonpartisans are looking for a
way in which the election may be
called off, and claim there are two
grounds. First, there are no funds
available for issuing the state public
ity pamphlet.
Second, they claim that fraud was
practiced to a great degree in secur-
ing signatures or. petitions.
A request was made on 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
Constitution Mandatory
The constitution 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"
The printing of the publicity PAM
phlet would, therefore, carry the pro-
posed constitutional amendments and
initiated measures, submitted by the
Independents as part of the recall
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 has
charged. Should the emergency COM
mission refuse to transfer funds for
the printing of the publicity pamphlet
the Nonpartisans might cite for fail
ure to obey the constitutional provi-
sion as a cause for an appeal to the
supreme court to prevent the election,
it is pointed out by Independents.
Fraud Affidavits 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-G General William Lemke that
he would return from speaking tour
next week and he is expected to take
up the legal phases Of the election.>
Assistant Attorney General w. A.
Anderson declared that numerous af-
fidavits are on file in the attorney
generals office tc the effect that sig
natures were fraudulently obtained.
He declared these charges were that
persons other than the names Of those
appearing on the petitions signed
them and in one case, he said, there
was q charge that children signed the
affidavit. o. B. Tewes, of the attor-
ney-general's office, is to have charge
Of stenographers 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 to the
supreme court to review them, under
the law. Protection, however, is af-
forded the petitioners in that under
the law, as it ID construed by the Sec
retary Of state, petitioners have 20
days in which to amend petitions.
Supreme Court Can Review
Articles 26 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
ton shall be subject to review by the
Supreme Court. But IL the sufficien-
cy Of such petition is being reviewed
at 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 II It is at such election ap-
proved 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. It
also 10 said that the independent
have hundreds Of names on petitions
In their Fargo Office which, II not