Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-11-21
(By staff Correspondent )

Bismarck. N. D., Nov. 21.-Non-
partisan leaguers who are planning to
contest the results Of the recall cleo
4tton were prepared to go before the
supreme court this afternoon with .
petition asking that the slprsnlc courf
en- join the state canvassing board
from counting the votes or declaring
ing a hearing on the merits of their
contention that the election was H.
legally held. 1t is not certain, how
/, ever. whether the petition will be
filed today or Tuesday.
AS was previously forecast, this
contention will be based on the claim
that owing to duplication of sigma
tures and signatures by persons not
qualified to sign on account of not
having voted for governor in the gen
eral election of 1920, the signatures
on these petitions fell below the min
nimum required by law for the calling
Of an election.
Whether or not the question Of the
legality Of the adoption of the recall
amendment at the presidential pri-
mary election will be raised in the
upon at noon today. The petitioners
are George d. Laird. E. S. Sheveland.
! John Bauer and Leonard Bauer. al.
of Ramsey county, and r. w. Frazier
, Of Divide county
The petition for an injunction is
supported by numerous affijavlts al
: leging various Implications and other
Irregularities. in the signatures of che
recall petitioners. The chief affidavit
in the case is signed by George Laird.
The petitions are directed against
Thomas Hail. JOHN Steen, d. c.. Poin-
dexter, William Lemke and Minnie J.
Nelson. constituting the state cam
vassing board.
Independents Confident.
Many Independents here today
were OF the opinion that the court
would refuse to entertain the case
on the ground that the time for any
attack on the validity of the petitions
had passed. when the election was
actually held. The contention of the
petitioners on this point, however,
will be that the alleged fraud has
just been definitely brought to light
and that in such cases a contest may
be instituted at any time that evidence
showing such fraud is discovered. II
the court refuses to entertain the Pc
tition the canvass Of the vote and in
auguration of new officers can be
held Wednesday as planned. f. A.
Nestos, governor-elect, is expected to
arrive here tonight.
to permit the actual hearing Of the
contest. it may grant a temporary re-
straining order citing the canvassing
board or the independents to appear
and show cause. why it should not be
! made permanent. or may refuse the
! order temporarily and call on the de-
PENDANTS to show cause why such an
order should not be issued.
If the court decides 'timately to
q hoo Vii no m he ifc re hs.
case. it will be necessary for the
league petitioners to present evidence
, to prove each instance of duplication
or other illegaltty in signatures which
they allege.
". A. Lawyers Working.
Theodore G. Nelson. secretary of
the Independent Voters association
who is now in the city, said today that
several lawyers were working on the
Independent side of the case and that
| one or several of these would appear
, for the Independent candidates in the
event that the case came to court
hoe of Cando, B. +. Spalding of Far
go and c. e. Young OF Bismarck. The
| leaguers' attorneys are E. r.. Sinkier
OF Minot and S. w. Ellsworth OF
jamestown.
Shortly after noon, today the
leagners were not PREPARED to, say
def 'nitely whether ol not the petition
!, would be filed before the court today
or whether IT would be delayed until
Tuesday. 81 "A
MT. Ellsworth. one OF the attorneys,
arrived at noon from jamestown.
! where he has been looking up q num-
ber Of points OF Law In connection
with the case.
Lemle wants C0nteG ID
| or the three league OfKlciAls who
were recalled by the electors of tha
state on October IL, SsoveSHor Lynn
~. Frazier ana Cemn1issioner ]. -.
4 EIagan are said to be opposed t0 the
Continued on Fase 4 4. Il.