The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-06-09
BYRNE TOLD TO
PUT ALL NAMES
ON THE BALLOT
Four Judges Concur in Deci-
sion That Democrats Pc
titiOns Were "On File"
CHRISTIANSON' DISSENTS
Question Now Is Whether
HalvOrs0n's Petition Has
Any Legal Status

uOOu OIuSICu CCSICtAEy Ol 0t6tC
Byrnc to print on the primary cleo
tion ballot the names Of all Demo-
cratic candidates whose petitions
four Of the judges concurrcd in tho
decision, Chief Justice Christianson
filing Il dissenting opinion.
Although the decision insurcs n
full Democratic ticket both for the
it is doubtful whether there will be
torial nomination.
Grand Forks, is held To have filed
in the usual manner with u petition
carrying more than 200 names. Hal
vor L. Halvorson, Minot, filed under
IL provision Of the law which permits
parties, OH petition Of five voters, to
fill vacancies when they exist OH the
ing his passed.
been reached on that point last night
states office that Halvorson's name
would not appear on tho ballot. The
present view, it was said, is that since
lIICU LuC ICEusWS Woy
there was no vacancy to be filled by
the fivc-votcr process.
May Mean More Delay
1t was thought in some quarters
that this might mean further compli-
cations and further delay in printing
the ballots il Halvorson decides to
carry to the supreme court his cf-
fort to get on the ballot. The dcci-
sion handed down yesterday makes no
mention Of that point.
Representatives of the secretary of
states office last night were attempt
ing to get in touch with HaivOrson
to ascertain whether or not he will
start another court action in case his
five-votcr petition is held insuffi-
cient to place his name on the ballot.
4 Final decision as to HalvorsOn's
status will be made today ut Il con-
ference with First Assistant Attorney
General John Thorpe, out Of the city
yesterday.
In its decision the court held that
in the case as presented. the board
of administration acted as agent for
the secretary Of state when the pc
titions were delivered to it by ex
press on May 20 and that they were,
therefore, properly filed and should
be accepted. As written. however.
the decision makes it clear that the
decision applies only to the case as
presented. and is not to be accepted
as a general principle of law.
Byrne Held Blameless
"By reason Of the peculiar combin
alton Of circumstances the petitions
did not reach the secretary Of state
until after the time limit of the stat
ute had expired said the opinion.
written by Justice Nuessle. "Rut
they did reach the agent within the
statutory time. The secretary of
state is wholly blameless in the
matter. No fault can be charged to
him. He is confronted by problem
which is not of his making.
ION the other hand the relators are
without fault unless it be fault that
the petitions were not presented by
personal agents or were not trans
mittcd at an earlier time We
think it is but reasonable to say
that for the purpose of presentation.
under the circumstances as here dis
closed, the office Of the board Of
adm ministratiOn was the office of the
secretary of state. Receipt of the pc
titions by the board was presentation
to the secretary Of state. The rela-
tors are entitled to have their names
placed upon the ballot"
The Democratic Ticket
Unless Halvors0n's name appears
on the ballot there will be no Demo
cratic primary contests and the COM
pletc Democratic ticket will be as
follows:
For senator, F. F. Burchard, Grand
Forks; for governor. d. NJ. Holmes,
Grand Forks; for congress, first dis
trict, II. E. Smith. Michigan; second
district, j. L. Page, Bottineau; third
district, r. H. Leavitt. Carson; for
attorney general, S. L. Nuchols, Bis
marck: for commissioner of agricul-
ture. Charles X. Otto, Valley City;
for secretary of state, +. L. Walker,
Ellcndalc; for state treasurer, Mrs.
Lillian Lillibridge, Dickinson; for
state auditor, Ole S. Johnson, Lang
don; for commissioner or insurance,
w. S. Hooper, Fargo; for lieutenant
governor, A. c. Pagenkopf, Dickin-
son; for members of the state rail
road board, C. H. Boatman, Minor;
Thomas H. Malowncy. Webster. and
J0hn A. HeiIlng, valley City.
HALvERsON'S STATUS
Is AWAITING DECISION
No decision had been reached today
as to whether or not the name of
Halvor l.. Halvorson, Minot, will be
placed on the Democratic primary
ballot at the June election.
Representatives Of the secretary Of
states office were to confer with
First Assistant Attorney General
John Thorpe this afternoon to deter
mine whether or not Halvorson's
name legally can be placed on the
ballot. !,
The present position of the secre-
tary Of states office is that Halvor-
son filed his petition Of candidacy for
nomination under the law permitting
political parties to fill up their ticket
and that it cannot legally be, accepted
in view Of the decision yesterday BY
the supreme court that there was no
vacancy on the ticket to be filled.