The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-06-11
JefferSOniQ11 BOdu
Loses First Round
Judge Refuses to Quash Action
by Democrats in Seeking
Injunction
BERRY HEARS ARGUMENTS
Party Faction Admits it is Not
Statewide Organization
by Default

North Dakota's Jeffersonian Demo-
Gratis Saturday admitted by default
the charge made against them by
party regulars that they are not
state wide organization and all other
allegations in the complaint by which
the regulars seek to bar their candi-
dates from appearing on the official
election guide card.
Sitting in district court. Judge H.
l. Berry. Mandan. overruled a motion
to quash the complaint in an action
filed by H. H. Perry. Glendale, regu-
lar Democratic chairman. and Will
liam M. Schantz. Bismarck. regular
Democratic candidate for state trea-
surer.
The motion was based on the tech
nical ground that the court had no
Jurisdiction. since actions involving
political rights were of general inter-
est to the state and must be brought
through the attorney generals office
or after the attorney generals office
had declined to 90 so.
It also contended that the plain
t:ffs had no right to seek an injunc-
ton since the rights involved were
political and no personal or property
rights could be injured If the injunc-
ton were vacated.
! Charles Simon. assistant attorney
general, represented A. c. Isaminger
county auditor. who has been enjoin-
ed from printing the names of the
Jeffersonians on the guide card, act
ing at the request of States Attorney
George S. Register. T. D. Casey
; Dickinson. Jeffersonian candidate for
the gubernatorial nomination. repre-
sented John Gammons. chairman
and Leo P. Winters, secretary of the
Jeffersonian group.
In ruling against the motion to
quash, Judge Berry said the only
points presented were those of tech
nical procedure and personal interest
and that he would rule on them after
hearing the case on it's merits.
At the opening OF the afternoon
court session Simon sprang sur
prise by announcing that the de-
PENDANTS would stand or fall on the
motion to quash the proceedings and
would file no further answer or re-
! turn at this time.
Failure to answer, the plaintiffs
pointed out to the court. leaves them
in the position of admitting the al
! legations of the complaint in their
| entirety. Among other things, the
complaint asserts that the effort by
the Jeffersonians to make use Of the
| r,,;ro oorJ is, Tho nyAor otfaV1Nnt eS
by them is plot and conspiracy to
wreck the Democratic party.
! Simons appeared panied and sur
prised when the plaintiffs told the
court that county auditors, other than
| 1saminger. were waiting for the
courts decision to determine how to
proceed. Printers are not going
ahead with the work of getting out
the cards, Cameron said. pending the
decision.
Simon demanded to know by what
authority they were delaying and
Cameron retorted that they wanted
to get paid for their work and would
not If the guide cards were found to
be in error.
There followed an argument be-
tween Simon and Cameron on the
Justice of this delay. Simon indicating
he was under the impression that the
work of printing the guide cards was
proceeding in all counties except
Burleigh.
Judge Berry ended the argument by
asserting that the court Is not inter-
ested in counties other than Burleigh
in this case.
Cameron is to file supporting briefs
for the plaintiffs on Monday and
Judge Berry promised to facilitate the