The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-06-04
DEMOCRATS
TAKE DISPUTE
TO HIGH COURT
Hearing Will Be Held This
Afternoon ON Alternative
Writ of Mandamus
BURCHARD FILES ACTION
Contends Petitions Were
Technically in Byrne's
Hands Last Saturday

An alternative writ Of mandamus
was issued by the supreme court yes
terday ordering Secretary Of State
Robert Byrne to show cause why he
should not place on the primary elcc-
ton ballot the name of Democratic
candidates for nomination whose petit
tions were received by him last Tues
day.
The action was filed by F. +. Rurch.
ard. Democratic convention endorsed
for the United States senatorial nomi-
nation, on behalf of himself and all
other candidates endorsed by the
Democratic convention held at Valley
City April 10.
Hearing in the case will be held by
the supreme court this afternoon.
In his petition Burchard points out
that the package containing the petit
tons Of himself and the other COM
plainants was delivered on May % to
the board Of administration. He con-
tends that the board Of administra-
tion's office. by custom. is the rcceiv-
ing office of all express packages ad-
dressed to any office at the state can.
itol and that the petitions were
therefore. technically in Brync's
hands since the board Of administra-
tion was acting as his agent in re-
ceiving express packages.
Byrne refused to accept the petit
tions when they were presented to
him on June I. having been advised by
the attorney generals office chat such
action would be illegal.
The Main Point at Issue
The main point at issue in the case
it was agreed by interested parties, is
whether or not the board Of admin.
istration was acting as an agent fol
the secretary Of state in receiving
packages and IL 80. how far the sec.
retary Of state would be bound by tho
act of such agent.
!. The petition alleges that BurcharG
and the other realtors, listed as Rcu
ben H. Leavitt, ]. L. Page, r. r. Smith
D. NJ. Holmes. A. c. Pagenkopf, Ole
Us. Johnson. Charles X Otto, Lilliar
Lillibridgc. S. l.. Nuchols.> John A
Heiling. Thomas II. Maloney, w. s
Hooper and F.. l.. Walker, have M
adequate remedy nj law except cour
order directing Bryne to place theil
names on the ballot.
Byrne will be represented at tht
hearing by the attorney generals Of
flee and Charles leiseman, his deput!
and legal expert ON election matters
The petitioners will be represented b!
8. L. Nuchols. one of the petitiones
and William LANCER, Bismarck.
Several More File
Meanwhile Burchard, senatoria
nomination aspirant, Nuchols, seeking
the nomination as attorney general
w. S. Hooper, Fargo, candidate TO-
nomination as railroad commissioneI
and r. II. Leavitt, Carson, candidate
! for the nomination for congress II
the third district, yesterday filed pc
titions Of candidacy under the specia
law permitting parties to fill up thei
tickets after the regular time for fiji
ing has passed.
Several others Of the complainant
already have filed by this method ant
lit is expected that others will do 81
by June 5. the last day for filing b!
any method.
An important aspect of the manda
mus action, however, is that if Burch
ards contention is sustained HalvO
T.. Halvorson Of Minot. independen
Democratic candidate for the sena
torial nomination. may be automatical
" barred from a place on the ticket
Secretary of State Byrne and the at
t0rney generals office have each de
clined to give an opinion on tina
phase of the situation. HalvOrsOn al
ready has filed under the law per
mitting parties to fill vacancy o.
1.-THE ticket. If Burchard is declare,
the candidate for nomination in tn
SECULAR manner it may be held tina
there was no vacancy to be filled.