The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1930-10-20
DEMOCRATS AIRING
TROUBLES IN SUIT
BEFORE HIGH court
HeIIstrom Charges Fraud Prac-
ticed in Naming Judges
at Primary Election
HEAR MANDAMUS ARGUMENT
Action Seeks to Place Demo-
cratic Legislative Candidates
on November BaIItt
HEAR MANDAMUS ARGUMENT

named falsely and fraudently" to
act as Democratic judges Of election
in q number Of precincts in Burleigh
county were made by F. o. Hellstrom
in arguments before the state SUI
preme court today on mandamus pro-
ceedings brought to compel the secre-
tary Of state to place on the Novein-
Der election ballot the names Of three
men as Democratic candidates for the
lower house OF the legislature in this
district.
Charles Simon, assistant attorney
general. appeared for Secretary OF
State Robert Byrne In the action
which was brought by o. c. Uhde,
Regain: W. E. Doty, Bismarck, and
Julius Meyers. Baldwin, who seek to
have their names placed on the ballot.
Hellstrom claimed that, due to q
conspiracy, the election boards failed,
neglected and refused" to count votes
cast for nominations, on the Demo-
cratic ticket for the office Of repre-
sentative for the 9th legislative dis
trict, and that for this reason a
vacancy exists.
He called attention Of the court to
the statute providing for the nomi-
nation Of candidates by the central
committee where a vacancy has been
declared. The three plaintiffs
Uhde. Doty, and Meyer-were norni-
mated by q group purporting to be
the real" Dem ratio central COM
mittee In Burleigh county.
No Vacancy Is Railing
The secretary of state claims that
no vacancy exists and that the CEN
trail committee therefore had no right
to nominate candidates. On the re-
fusal Of the secretary Of state to ac-
cept the nominations, mandamus pro-
ceedings were started in the supreme
court and today's arguments were on
the courts order to have Byrne show
cause why a peremptory writ of man
damus should not be issued.
Simon attacked the petition as in
sufficient and asked that the pro-
ceedings be dismissed.
Simon contended further that no
vacancy exists. He told the court
that there was a default Of Omis-
sion to nominate on the part Of the
Democrats.
The nominations made by the pur-
ported Democratic committee. Simon
said, are original nominations which
can only be made by the proper
convention or at the primary elec-
ton. A vacancy. he argued. may be
filled by the county Democratic CEN
trail committee, but that the plaintiffs
showed no proof Of the existence OF
q vacancy.
Simon declared that the committee
which AIMED the three men as DEM
ocratic nominees is not the regular
county committee, but that another
committee already existed previous to
the organization Of the committee
which selected the three men. He'll
strom is secretary and Meyers chair
man of the committee which is sup
porting the mandamus action.
Recites Democratic History
Hellstrom declared that in 1928.
Chris Bertsch was elected chairman
Of the Democratic county central
committee and assumed to act as the
chairman Of the group. but that IN
March. 1880. Bertsch caused his name
to be registered as a voter affiliating
with the Republican party n tnat
in the June Is primary Bertsch voted
the Republican ticket.
Prior to the primary election. ne
(Bertsch) fraudulently conspired with
the chairman Of the Republican party
of Burleigh county" Hellstronn said,
land othe~ leaders and managers OF
the Republican party. and did faiseiy
and fraudulently pretend that ne was
q Democrat and that he was the
chairman of the Democratic county
central committee: and IN furtner-
ance of the Aforesaid conspiracy ap-
pointed Republicans as Democratic
Judges of elections through the SAID
county Of Burleigh to act as judges OF
election during the primary election
Of June IS. 1890.
I'm furtherance Of the conspiracy,
the election boards failed. neglected
and refused to count and return votes
actually cast for nomination on the
Democratic ticket for the Office OF
representative for the 9th legislative
district.
Hellstrom claimed that the first
named county Democratic central
committee is not the legal committee
and that the group. Of which Meyers
is chairman, is the real" acting com-
mittee.
The court took the matter under
Amusement.
BOARD POSTPONES MEETING
Grand Forks. N D.. Oct. 20. A'-
A meeting of the state board Of adj
ministr ,tiop te adopt a budget for
the Uni, ersity Of North Dakota vas