The Western news. [volume] (Libby, Mont.) 1933-current, 1945-03-22
Nomination
1dng|e To a
Climax Today
Present Arguments Before
State Supreme Court.
81 OF MOUNTAINS Sc
COUNTIES TO VOTE

oAAit~A 400 oto4A Ool4 CoROtiACAit
HELENA-W.H-The two-month
controversy over how candidates
for the second district Congression-
al election June should be NOM
mated will come to climax this
Thursday, March %, when Gov
Sam c. Ford and leaders of Mon
tana's Democratic and Republican
parties will present arguments
before the state supreme court.
The supreme court, after morn
ing-long conference last Saturday
accepted original jurisdiction in a
case brought by Attorney General
r. v. Bottomly seeking to clarity
Montanas election codes in regard
to nominating candidates for the
special election, first of its kind to
occur in state history.
Bottomly brought the suit at the
request of Lester Lobe of Helena,
chairman of the Democratic state
central committee, and named Lob
lie, Ashton Jones of Broadus, state
Republican chief, and Governor
Ford as defendants
In the friendly test suit, Bottom
ly is asking the supreme court to
interpret state election codes to
mean that nominees for special
congressional election shall be Sc
lected as a special primary election
rather than by the party conven-
ton method
The June 5 special election in
Montana's eastern district, COM
prising 81 of the states Sc coun-
ties, was proclaimed by Ford ear
lier this month to fill the vacancy
caused by the death of Congress-
man James F. O'Connor of Living
ston two weeks after he had start
ed his new term.
Montana codes make no specific
provision for nominating candidates
to fill such vacancies and Ford's
proclamation did not designate how
nominations should be made. The
governor chose to leave it up to
the political parties to solve the
problem, and Loble's request TO
Bottomly followed Immediately.
Lobe said he would support the
holding of a special primary cleo
ton to select candidates for the
June election when he appears
before the supreme court. He has
commended that state codes should
be interpreted in line with Mon
tana's direct primary law, adopted
by referendum in 1912.
Left Erickson Of Sidney, former
associate justice of the supreme
court and unsuccessful democratic
candidate for governor in last No
vember's general election, has also
indicated that he would like to APP
pear as friend of the court in
support of the primary system
Jones and Dan Milestone of Cut
Bank, republican national commit
teman, have asked that party lead
ers meet and come to an agreement
on how to nominate the candidates
Both have expressed preference
for the party convention system in
this case.
Montana's 10Th assembly failed to
come to an agreement on whether
candidates for O'Conor's successor
should be nominated by primary
or by party conventions. After heat
ed debate in both houses, the leg
islature killed four bills, two pro-
viding for a primary election and
two for party conventions, with
Democratic members supporting the
primary and Republicans the party
convention method.
O'Connor's term would have run
until January, l947 and the new
Congressman will have the 49,
month term to serve.
Meanwhile, Ford planned to at
tend regional conference of gov
ernor's in Reno, New, to discuss in
dustrial development of the west
next April 20-21. Also expected to
be there are Cows. Ernest Gruen-
of Alaska, Lester c. Hunt of Wyo-
ming, Herbert B. May Of Utah, Sid
ney P. Osborn of Arizona, and John
c. Vivian of Colorado Nevada's
Gov. f. P. Carville will be host to