The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-10-21
tOficial City, State and County Newspaper
Whose Ok Is GOrCd2

Whose Ok Is GOrcd?
After calling Governor SorIcs attention to his
oath OF office, paper insinuatcs least thai
he may be recroant to said oath and to the sovcr
eign voters of the Great State Of North Dakota
including the seal and the statue of Sakakawea and
the traditions that hover about Roosevcts cabin
all of which Governor Sorlic can see and feel from
his office windows stern reminders OF his socmH
duty to the "pcepul' of North Dakota.
Here is the rich tdbit:
1T is not amiss to call Mr. Sor.ics atten-
ton again to the fact that he has taken
oath to support the Constitutions Of the
United States and of North Dakota. He is
holding his office under the Constitution Of
the state and by the direct suffrage of
majority of the voters. When he sWore to
uphold the American Constitution, he
pledged himself to obscrv" every article in
that document. And that includes the
Seventeenth amendment, which provides for
the direct election Of Senators and which
declares that in of vacancy the Gov
crnor of the State concerned must issue a
writ of election TO fill it, unless the state
Legislature has passed law empowering
him to appoint a successor until such time
as the voters have opportunity to elect
one. The North Dakota legislature has not
passed such law The Governors rcspon-
siby, then, is clear. 1t was the intention
Of Congress in adopting the amendment and
of the States in approving it that the voters
should have the sole right to elect Sen
utors"
Admitting the legal opinion Of the newspaper as
sound - and there is grave doubt to that too -
there fortunately is nothing in the Seventeenth
amendment that prescribes when he must issue a
writ of special election The constitution leaves
that to the discretion Of the chief executive amt
Governor Sore is we'll within his prerogatives ant
faithful to his oath of office and the SURFACES OF
the "peepul' when he takes his good time t.
settle matter that is worrying considerable
portion of the electorate of North Dakota Farmers
busy garnerng the crops and business mel
preparing for a good winters business. Politics
strife and dissension need into the picture
despite constitutions. great seals and votes Of thu
"peepul. a small cotere of politicians seeking t,
feather their nests and to jockey for positions
in the June primaries want special election.
The man in the street is not afraid that his in
terests at Washington will suffer if no one sits i:
Senator's L4adds chair for ninety days. Governor
Sorlie if he decides it is better for his admnistra
ton not to make appointment call specia
election now, but wait until the June primaries
every interest will be served but that of the poll;
ticans, who are always hungry. The special cleo
ton be held next June at no extra cost
Governor Sorlie has sensed the wishes of a con
siderable number of voters when he announces his
decision not to call special election. There il
need for The state and federal constitution
will continue their protection grateful pee
pull and the oath of office will still be binding ant
unsullied Sakakawea will stand erect and a
aboriginal. Neither will Roosevets Cabin sag o
sway in Indignation. 1t may all raise eternal Ned
with the asprants, but what arc few candidate
among politicians anyway when the interests o
the dear 'peepul" are stake?
Aside from the legal findings of the newspape
and Senator Moses gratuitous opinion. there ar
several constitutional lawyers Of note who feel tina
Governor Sorlie can make an appointment if h
desires without violating the broad terms of til
state constitution under which the newspaper i
question sophomorically admits that Governor Sorii
is holding office
The Tribune is not writing legal decisions,
anticipating what the United States senate will d.
i'm case of an appointment. The senate has reverse,
itself time and time again and the Glass affair is
precedent that might be overturned easi
tumbleweed before March gale. However, tn
state constitution as an ordinary matter of pro
cedure should be superior to any legislative enact
We leave that field to esteemed contemporary.
We leave that field to esteemed contemporary.
Finally Governor Sore, acting under the const
there won't be any special election or appointment
anyhow.
NOW whose OK is gored?
Minority
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