The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-03-21
/. VA. H0LDIN G
OZARK HORSE IN
SENATOR RACE?.
Ormsby McHarg Seeks to Elm
mate McCumber and Gron-
ma From Endorsement
ATTACKS CHRISTIANSON
Raises COnStitut on a Bar
Against Jurist-Others
Mentioned

Who is the I. V. A. dark horse for
Republican candidate for the United
States senate?
In letter prominently displayed on
the editorial page of the Fargo Forum,
Ormsby McHarg of jamestown, form
er private secretary to Senator Nc
Cumber, eliminates Gronna and Nc
Cumber and seeks through legal in
terpretation of the constitution to pre-
vent the consideration of Judge Chris
tianson's name at the convention
called by Burleigh .Spalding's Real Re-
publican Committee. \
The letter quotes the constitutional
provision affecting the candidacy of
judges of the supreme court for any
position other than that Of judicial
nature.
Covert Slap mt Christianson
Friends OF Judge Christianson con-
strue it as a covert slap at him on the
part of certain T. w. A. leaders who
frown on his possible candidacy.
There has at no time been the slight
est intimation that Judge Christian
son would be a candidate although
considerable pressure has been
brought to bear upon him to declare
himself.
McHarg BObs Up.
Ormsby McHarg after long i, So
journ in New York following services
under the Roosevelt and Taft admins
trations has come back to North Da-
kota and evidently will start to play
The political game again. It will be
remembered that he was active in
getting colored delegations to Chica-
go -ld his name was more or less
prominent in the Ballinger episode.
Mr., McHarg in his eagerness to dis
count Judge Christianson as a candi-
date declares that Gronna and Nc
Cumber are behind the movement to
force judges into the senatorial race.
On this point he writes:
Calls 1t Propaganda
'McCumber and Gronna are trying
oldfashioned political methods to dom
mate the senatorial situation. They
want to inject into the situation as
much confusion as they possibly can.
They are the men who are encourag-
ing judges of the courts of the state
to become candidates for the senate.
This judicial candidacy business il
clearly propaganda in their behalf
mo unprejuced student of consti-
tutional law, particularly one familiar
with the arguments in the constitu-
tiOnal convention, can read Section
119 of the state constitution and ar
rive at conclusion other than that
judges of the supreme and district
courts Of the state are ineligible for
the office Of United States senator, in
fact for any office other than judi
cial. ~ &,Jt Z" '.4 =5@t3
"In this connection some lawyers
argue that the houses Of congress are
the sole judges of the qualifications
If their members, as well as the means
or method of their election. This pre-
mise may be accepted if the people of
the state from which the man presents
himself have not seen fit to place
some, to them, necessary and funda-
mental limitations on his qualifica-
tons, So long as the limitations are
general and are not directed solely to
their qualifications for federal office
the legislature of the state may define
the qualifications it's citizens must
possess in order to represent it. Is it
an act of unwisdom to prescribe that
the courts of this state shall be free
from political strife and intrigue? Ger
tainly not.
"The constitution of this state as
evidenced by Section 119 is not pecu-
liar or exceptional and is. not ad
dressed to federal offices alone. 1t
applies to all offices other than ju-
dicial to which the Judge during his
term of office may aspire He cannot
be candidate for governor. He may,
however, be appointed by the presi-
dent of the United States to any office,
as neither the legislative assembly
nor the voters of the state are re-
quired to express their will in order to
make the appointment effective.
Wisdom Of Provision.
1T is bold person who would eX-
press doubt as to the wisdom of this
provision of the constitution. 1t ar
ticulates a wholesome principle, a
great political Axiom. The motive
which is finally crystalized in the ak
iom, is as pure as the wisdom which
we ascribe to the trainers of our fund
amental law 1t is made entirely clear
that the courts of the state shall mo-
be made stepping stones for politically
ambitious men. Section 119 of thu
state constitution reads as follows:
"'Section 119. No Judge of the
supreme or district courts shall be
elected or appointed to any other
than a judicial office or be eligible
thereto during the term for which
he was elected Or appointed such
judge All votes or appointments
for either of them for any cleo
tive office except that of judge OF
the supreme court, or district
court, given by the legislative as
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