The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-06-01
COURT FIGHT
IN PROSPECT
OVER FILINGS
Secretary of State Byrne Re-
fuses to File Petitions of
the Democrats
DELIVERED TOO LATE
Democrats Will Determine
Course to Follow at Con-
ference This Afternoon
DELIVERED TOO LATE

Secretary Of State Robert Byrn(
today refused to file petitions ol
nomination, presented this morning
by Democrat aspirants for state of.
flee.
Byrne acted on the advice Of the
attorney generals office which held
that the law with regard to the fill
ing of nominating petitions had not
been complied with.
As n result doubt existed today
as to whether or not the names of
any Democratic candidates will mp
pear on the primary ballot June 80
and court fight was in prospect.
A package containing the Demo.
cratic petitions was delivered at the
secretary's office this morning. In
vestigation showed it had been de-
livered at the capitol building by an
express company Saturday but that
capitol employees had failed to de-
liver it to Byrne's office.
To Hold Conference
In an informal opinion given at a
conference, members of the attorney
generals staff advised Ryrne that
It would be illegal for him to file
the petitions. Byrne Immediately got
in touch with Judge Samuel Nuchols,
Bismarck, prospective Democratic
candidate for attorney general. and
q conference will be held this after
noon.
Under the law, the attorney gen.
erals office told Byrnc, petitions
must be filed with the secretary OF
state in his office at the specified
time. 1t was not enough, they ex.
planned, that it be entrusted to car
rier or even the mails since the
candidate is responsible for seeing
that the petitions are presented ip
the proper place and Mt the proper
time. Had they filed the petitions
with the secretary Of state at his
home and had he, forgotten / to put
them on file the situation would be
the same, they explained, since the
candidate is responsible for the sclec-
tion Of his agent if he fails to file
the petitions in person.
1t was thought here today that a
mandamus action may be brought
against the secretary Of state on be-
half Of the Democratic candidates in
an effort to force the secretary to
accept the petitions of nomination.
Another course open to the Demo
Gratis was to- file under the law
provided for filling vacancies on the
ticket. Under this law nominations
may be made by five electors with
the written consent Of the candidate
Which course the Democrats will pur-
sue probably will be determined ut
the meeting this afternoon.
Byrne had not opened the package
containing the petitions at noon. He
was advised by the attorney general 5
office to open the package and file
its contents in the vaults of his office
pending further action.
The package containing the peti-
ti0ns was sent from Watford City
Mckenzie county, by F. F., Burchard
Grand Forks, Democratic convention
endorsee for senator. Burchard had
general charge of the work of cir.
culating and filing the petitions of
other candidates endorsed by the
Democrats at the Valley City conven-
tion on April 10.
An insufficient number of names
were sent in on the petitions cir
culated for Halvor Halvorson, Minot
Burchard's prospective opponent for
the Democratic senatorial nomina-
tion. Under the law for filling va
cancies only one man can be certi-
fled for the nomination.
Johnson Remedies Defect
Charley G. Johnson, Grand Forks,
Farmer-Labor candidate for nomina-
tion as secretary of state. today made
sure that his name will appear on
the ballot by filing written consent
to the action of the five men who
circulated his petition.
Although sufficient names were
contained on the petition of c. H
Boatman, Minor, Democratic candi-
date for nomination as a member Of
the railroad commission, and the pc.
titions were filed in time, it was not
sure that his name would appear on
the ballot. He had not yet straight
Continued on page three.)