The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-24
PROGRAM MADE
FOR FILLING 6
SENATE POST
Scnatorship to Remain Va.
cant if Upper House
Rejects Appointee
NO SPECIAL ELECTION
SOrlie to Name Successor TO
Ladd to Sit at Decem.
Der Session
NO SPECIAL ELECTION

Governor A. G. Sorlie's tentative
program for filling the unexpired
term Of Senator f. +. Ladd was re-
vealed today by administration lead
ers. following action of the Nonpar
tisan League in voting complete con-
fidence in the executives ability to
pick successor to the vacant senate
post.
The program was outlined today
as follows:
l. The executive will name an ap-
pointee to sit at the December ses-
sion of congress.
2. In event the upper house rejects
the appointment, contingency,
which Governor Sorlie regards as
highly improbable, the senatorship
will remain vacant until 1926.
3. Election of a successor to Ladd
would take place in the 1926 general
elections. and primaries would be
held in June, preceding elections.
Economy Platform
This program would fall directly
in line with the administration econ
omy platform and is calculated to
save the Taxpayers Of North Dakota
approximately 100000, the estimated
cost of statewide primary and
special election for the post Of U. S.
senator, the administration spokes-
man pointed out.
Governor Sorlie believes it is the
sentiment Of voters throughout the
state that 100000 would be too
much to pay for the services Of a
Y. S. senator for the few months he
would serve, it was stated.
The question of whether the Of
flee Of u. S. senator is state or
federal office is regarded by Cover
nor Sorlie as debatable issue. the
administration spokesman stated.
Although the upper house went on
record in the Alabama case as de-
claring the office federal post, the
vote adhered closely to party lines.
The roll call was "a to 30.
It would not be improbable for
the senate to reverse itself on this is
sue should the legality of an ap-
pointment he raised in the "n""r
house next December, in the opinion
of Nonpartisan leaders. In view vi
matter of senatorial appointment
Governor Sorlie will appoint, conf
dent the senate will seat his NOM
inee.
Not Federal Office
The supreme court of the United
States has held in the Burton case
decided prior to adoption of the
seventeenth amendment to the fed
eral constitution. that the post OF
U. S. senator. declared to be held
under authority granted by the state
legislature, is not a federal office
it was stated. While the seventeenth
amendment altered the issue in this
case. the main point remains to be
determined, according to statehouse
leaders.
In 1917. following passage of the
seventeenth amendment. the state
legislature enacted law authorizing
the governor to appoint to fill va
cancies in state offices. This law
would give the executive full au-
thority to appoint to the post Of U.
S. senator. should that office be con-
strued as deriving it's authority from
the state and not the national gov
ernment. it is asserted.
The constitution of North Dakota
provides that the executive may ap-
point to fill a vacancy in any office
over which the state of North Dakota
has jurisdiction. Authorities differ
as to construction of this proviso
and disagree as to whether the con.
stitution mandate overlaps the state
law.