The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-09-22
COOLIDGE MEN
SEEK RIGHT TO
USE HIS NAME
Declare Four Republican Elec.
tors Favorable to LaFOll.
cite Should BE Ousted
CASES UP MONDAY, 18th
Supreme Court to Inquire
Into Matter Declared Vital
in November Election

Legal action was instituted in the
supreme court today in an endeavor
to remove from the Republican coll
umn on the November a election bal.
lot four Of the five Republican
presidential electors, who are declar-
ed favorable to Robert M. LaFollette
but whose names would be bracket
ed with that of President Coolidge
on the ballot. The suit seeks to
oust these four Republican electors.
Martin Larson, j. L. Miklethun,
Kristian Holl and Nels Magnuson,
and substitute four avowed Coolidge
supporters.
The supreme court will hear the case
at p. m. Monday, September 29. The
court issued an order to show cause,
directed against the Secretary Of
State, and allowed an alternative
writ Of quo warranto directed
against the four electors, requiring
them to show why their offices
should not be vacated.
The filing Of the suits is the cul-
mination of efforts of the Coolidge
forces to have the four Republican
electors known favorable to Mr.. La.
Toilette to retire voluntarily and
permit out-and-out Coolidge electors
to take their places. Such action,
expected in some quarters for sew
.eral days, had not come today, and
K. w. Frazier, chairman Of the
Republican state committee as con-
trolled by the Nonpartisan League,
said today that the issues would
have to be determined in law suit.
The actions in the supreme court
are brought on the relation of At
torney-General George F. Shafer.
and attorneys for the Coolidge sup.
porters named in the two actions are
Spalding and Shure Of Fargo, George
A. Bangs of Grand Forks, Conmy,
Young and Burnett and Divet, Holt,
Frame and Thorp of Fargo.
Demand Made
Preceding the filing cf the actions.
B. F. Spalding, chairman of the Real
Republican state committee, made q
demand upon Secretary of State Hall
to substitute the names of w. B.
Overson Of Williston, Hugh Nc.
Culloch of Washburn, Riley R. Nor
gan of Grafton and T. B. Torkelson
Of Bowman as Republican electoral
candidates for the four, out of q
total of five, Republican electors de-
clared favorable to LaFollette. The
demand was made on the ground
that the four electors favorable to
LaFollette had abandoned the Re-
publican party and therefore had
vacated their positions. The Secre-
tary Of State refused the request.
Affidavits Filed
Affidavits filed also assert that R.
w. Frazier, chairman of "the alleg-
ed Republican state committee" has
the resignation of Miklethun, Lar
son, Magnuson and Holl in his
pocket for filing, but refuses to va
cate the Republican column by fil-
ing them.
The petitions for original juris-
diction by tn supreme court in
cluded affidavits of George F. Sha-
fer, Attorney General; B. F. Spald-
ing, Harrison Garnett and John
Pollock.
The affidavit of Mr.. Garnett, who
is Republican national committee
man, sets out that "the matters
herein set forth are publici juris.
and that the perogatives and SOW
ereignty of the state of North Da-
kota are involved, and that the
plaintiff has no other speedy or ade-
quate remedy at law than by the re-
lief prayed for herein, and the is
suance of the writ of this court as
herein applied for"
Continued on page 81