The weekly times-record. (Valley City, N.D.) 1912-1922, 1922-08-17
HELLSTR0M SUIT
MAY Be BARRED

MAY BE BARRED
i Failure of F. O. Hellstrom to obtain
service in his election contest on j. F.
T. O'Connor, Democratic candidate
for United States senator, within 10
days of the time that the state can
vassing board completed its work,
may operate to cause dismissal of the
proceedings when the case is called
in court.
! 1t developed today that service on
Mr.. O'Connor was not had within the
10 day period required by law, the
period in question expiring last Sun
day.
. Under the North Dakota code, and
under two decisions of the state su-
preme court, where a contestant fails
to obtain service within the required
time, the courts are without jurisdic-
ton.
Mr.. O'Connor, who was called on the
long distance telephone today by The
Forum, would make no comment on
this angle Of the case.
| The state canvassing board COM
pleted it's work on July 81, that being
the date on which certificates of NOM
nation were filed. Sunday, August 6,
was the last possible date on which
contest papers could be served on
nominees.
Papers in the case did not reach
Grand Forks, Mr.. O'Connor's home,
until Monday, and whatever service
was made, took place thereafter
: Law Held Binding
! In the case of Olsen VS.. Hoge, (137
N. w. $685. arising in Mclean coun-
ty, it was held by the North Dakota
supreme court that the law requires
that service be held upon the contes-
tee within 10 days of the time that
the canvassing board meets. In that
case a primary election was had on
June 26 and the canvassing of the
returns was completed July Is. On
July % the contestant presented his
affidavit on which the contest was
based. The supreme court, in holding
that the district court was without ju
risdiction, Notwithstanding the fact
that the district court had assumed
jurisdiction, embodies its finding il
the following language:
Notwithstanding the very crude
provisions of such statute it is, WI
think, reasonably clear that by sec
ton 81 of said act it was the legis
, lative intent that such contests shoul,
be initiated within 10 days after tn
completion Of the canvass. The frs
sentence in said section is as follows
"Any candidate at primary election
=, desiring to contest the nomination o
another candidate or candidates TO
the same office, may proceed by al
, fidavit within 10 days after the com
pletion of the canvass. When thi
language is construed in connectio
with section 6S8 of the Revised Code
of 1905, which is expressly made ap
plicable except as otherwise provided
to the primary election law,we hav
no hesitancy in saying that the inten
ton was to require such contest t
be commenced within 10 days afte
= such canvass is completed, by serv
: ing upon the contestee a verifie
: statement of the grounds of the col
: test in the form of an affidavit Q
t verified notice, setting forth sue
grounds"
r Action Is Mandatory
= In the case of Walton, ct al VS.. OF
j sen, ITO N. w., l07 a Ward count
l case the supreme court of North Da
: kota made the same ruling with n
t spect to the question Of service. l
: that case the court said:
: .Where person who claims to hav
5 received the nomination for. some oil
) flee upon the ticket Of one of the pc
t litical parties which participates in
primary election in tits state desire