The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-06-23
NEW SENATOR
TO BE NAMED
BY GOVERNOR
Precedent Establishes Right
of Chief Executive to
Make Appointment
LAW is INDEFINITE
Attorney Generals Office
Has Prepared No Opinion
on Question

Grand Forks, N. D., June 23.-LP)-
Governor A. G. Sorlie said today tha
if he finds it legally possible for hin
to appoint a successor to the lat,
Senator F.. F. Ladd. he will do so
rather than call special election.
The governor said that his view OF
the matter was0that an election al
this time with the stirring up of po
litical feeling, which it would entail
would be bad for the state and woulC
interfere with the program Of har,
mony. which he is attempting to put
into force.
Appointments Made
Governor Sorlie also announced to,
day the appointment Of F. F. Bur
chard of Grand Forks, as auditor for
the state mill and elevator, succeed
ing K. c. Nelson, who will become
credit man.
Although no official opinion could
be obtained from the Attorney Cen
erals office regarding the legality
Of the appointment Of successor to
former Senator E. r. Ladd by Gov
A. &. Sorlie, unofficial opinion, and
precedent, seem to establish this
power as the governors right.
Upon the occasion of the death of
NJ. N. Johnson, during the term of
Gov. John Burke, the governor ap-
pointed +. l.. Thompson. who later
resigned. Governor Burke then APP
pointed w. E. Purcell of Wahpeton.
At this time senators were elected
by the legislature. and the federal
constitution governing at that time
provided for the appointment of Of
ficials to fill unexpired terms by the
governor.
No Provision Made
The general law of the state which
provides for the filling Of vacancies,
which was in effect when the federal
constitution was changed, was
amended in 1917, but does not make
provisions for the appointment of
senators.
Under the section of the constitu-
ton of the United States, known as
that vacancies in the senate shall be
filled by special election, or that
the legislature of the state affected
may Hdhc LUc arrangements lOE the
of the official.
North Dakota's law covering ap-
pointments is indefinite with regard
to the senatorial appointments in
that it makes no direct provision for
the appointments, but refers to the
appointive powers of the governor
as including "state" and "district
Offices" This raises the question as
to whether or not the senatorial po-
sition can be considered state
office.
S0rlie Home Tomorrow
The office of the attorney general
has not been requested for an Of
ficial opinion in the matter, accord
ing to members of the attorney gen.
erals force. Governor A. G. Sorlie,
who has been at DEVILS Lake and
Grand Forks for the past few days,
is expe cted to return to Bismarck to-
night and will undoubtedly request
an official opinion from the attorney
general, as to his powers in the
matter.
Attorney General George Shaffer
is out Of the city today. and could
not be reached as to whether or not
he had already given q private opin-
ion to Gov. Sorlie, but the belief was
expressed that no opinion except an
official one, coming from the state
office, would be given out.
Governor Sorlie, commenting upon
Senator Ladd's death, declared:
"We must all concede that Sena-
tor Ladd was not only one of the
biggest men in the state. but also
that he commanded a high position
in agricultural circles throughout
the entire country"
Death Is Unexpected
Announcement Monday of the death
Of Senator Ladd was largely unex-
pected within the state. although
The Tribune on Saturday carried Bal
timore dispatches indicating that a
crisis was near.
1t was with the intention of visit
ing his son, Culver, in Fargo, as
we'll as making a campaign tour of
the state, that Senator Ladd had
started back to the state by automo-
bile a few weeks ago, the trip that
was interrupted and occasioned his
return to Baltimore, to the hospital
where he previously had been twice
treated.