State, ex rel. Cooper v. Blaisdell
| Decision Date | 18 November 1908 |
| Court | North Dakota Supreme Court |
Original application by the state, on relation of Francis Cooper and others, for a writ of mandamus against Alfred Blaisdell, as Secretary of State.
Writ granted.
Writ issued.
Le Seuer, Bradford & Hurley, for relators.
R. N Stevens, Assistant Attorney General, for defendant.
Application by the state, on the relation of Francis Cooper and others, for a writ of mandamus against Alfred Blaisdell, as secretary of state, directing him, as such official, to certify the relator's names to the several county auditors of the state for printing on the official ballot to be used at the general election in 1908, as candidates for offices, respectively, as follows: Francis Cooper and E. D. Herring, for representatives in Congress; L F. Dow, for Governor; Valdomar Gram, for Lieutenant Governor; A. G. Brastrop, for Judge of the Supreme Court; Odin Stampro, for Secretary of State; M. Brumwell, for State Auditor; E. J. Moore, for State Treasurer; A. E. Bowen, for Superintendent of Public Instruction; Samuel Lane, for Commissioner of Insurance; Arthur Le Sueur, for Attorney General; M. Vlasek, for Commissioner of Agriculture and Labor; M. C. Wartenbe, F. W. Umbreit, and Herb Carruthers, for Commissioners of Railroads. The application was argued orally, and no briefs have been submitted. The relators waived objection to the writer participating in the decision of this case, on account of his disqualification by reason of the fact that one of the relators is a candidate for the same office held by the writer, and for which he is also a candidate at this time. The application sets forth the filing with the secretary of state of a petition in form and manner as provided by section 501, Revised Codes 1899, which petition, it is alleged, duly and legally nominated the relators for the respective offices mentioned, as candidates of the Socialist party, and that the secretary of state, without cause or excuse, has failed to certify the names of such nominees for printing upon the official ballot. It also alleges that the petition contains the names of over 500 duly qualified electors of this state who had taken no part in the nominations made at the primary election, and had signed no nomination papers for other candidates for the same offices. To this petition the secretary of state made a return, denying on information and belief all the material allegations, and attempting to put in issue specifically the allegation that the required number of qualified electors, who had not participated in any manner in the nomination of candidates for the same offices, had signed the certificate. The return also sets out the attitude of the secretary of state in the matter, and his reasons for refusing to certify to the county auditors the names of the relators. Other allegations of the petition were denied, but the issues so made were not pressed on argument.
The certificate filed by the relators, or, as they term it "the petition," complies in form with the provisions of section 501, Revised Codes 1899. That section contains provisions whereby a candidate may be placed in nomination by individual voters, without the action of a party, through either the primary or the convention system prevalent when said section was enacted, the names of such candidates to be printed in the column for individual nominations on the Australian ballot. Section 34, page 164, chapter 109, Laws 1907, known as the "Primay Election Law," reads: "Nothing herein contained shall be construed as repealing or being in conflict with section 501...
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