Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-11-22
MANY OF ALLEGED FRAUDULENT
SIGNATURES ARE MISTAKES in
COPYING, INDEPENDENTS SAY
Justice Robinson Declares
That In His Opinion The
Time For Attacking The
Validity OF Election Has
Passed; Says Complaint
Should Have Been Made
Before Election.
BULLETIN.


8 80 o'clock this afternoon, Will
lam Lemke still was presenting
arguments to the supreme court
in the bond case, and there was
no indication as to when he would
finish. An early decision in the
contest case was anticipated this
afternoon, but at $3.50 o'clock
there was no indication as to
when the court would be able to
hand down its decision.
(By Staff Correspondent
Bismarck. N. D.. Nov. ga deci-
sion by the supreme court as to
whether or not the Nonpartisan
league contestants of the recall cleo
ton have any standing in court at
the present time and whether or not
the contest may be carried any fur
ther. is expected some time this aft
ernoon.
Petitions Filed Monday.
Petitions for the issuing Of a. re-
straining order against the state can
vassing board to prevent the canvass
OF the votes were flied with the court
Monday afternoon and the petitioners
presented their arguments asking that
the injunction be granted. This morn
ing they filed additional briefs with
the supreme court in support of their
contention that the holding of the
election had not automatically stopped
them at this time rronl attacking the
validity of the petitions. These briefs
declare that over ten thousand per-
sons who did not vote for goyernpE
:: In the spyeysous- general eleation, signed
the recall petitions and tGat the elm
lnaton from the court of the sigma
lures of all Implications would in it
self be sufficient to make the petit
tons void.
Only Mistakes.
In connection with this claim of
F! the leaguers, the Independent leaders
say that it is now evident that many
OF the alleged fraudulent signatures
claimed to have been found by the
leaguers, are in reality only fraudu-
lent in appearance on account of de-
I fective copying on the part of those
employed by the league to do this
work. A number Of cases Of this kind
have already come to light
Says Time Has Passed.
When S. E. Ellsworth and E. r.
Sinkler, attorneys for the league peti-
s
fore the supreme court Monday, Jus
tice j. f. Robinson openly declared
that in his opinion the time for at
tacking the validity Of the petitions
called for the recall election had
passed and that the petitioners should
have made such a complaint before
the election if they desired it to stand.
! A large part of the time was taken
up by arguments between him and
Mr.. Ellsworth who presented the
major part of the argument for the
petitioners.
Justice Robinson took sharp issue
with Mr.. Ellsworth at many points of
that in his opinion the provision Of
the constitution which provides that
the petition for recall election shal,
be signed by 80 per cent Of the quail
fed electors who voted for governor
at the previous general election.
means only that the number of signa-
lures required is 80 per cent of the
J vote 50 cast.
Thinks Time Has Passed.
He also freely declared that in his
opinion the time had passed in which
the legality of the petitions might be
questioned.
In reply to this last objection Mr.
Ellsworth declared that the people of
the state still had an interest in see
ing that the law was obeyed and tho
recalled officials retained in Office
Yes. they showed their interest by
their votes in the recall election" said
Justice Robinson.
Justice Christianson pointed out to
Mr.. Ellsworth that even though it.
should be shown that in some cases
one person had signed the names OF
others, such signatures might have
been affixed at the request of the per-
sons whose names were signed. Mr.
Ellsworth admitted this. but main
tanned that such signatures were ney-
ertheless illegal.
Hearing Was Ex-Parte.
The hearing was ex parte. only the
attorneys for the contestants being
heard. At the conclusion of the pre-
sentation of their argument the court
took the case under advisement unit,
Tuesday when a decision on the is
sues 50 far presented will be handed
Hnuyn L d