State ex rel. Mitchell v. Larson

• Decision Date: 31 October 1904
• Citation: 101 N.W. 315,13 N.D. 420
• Court: North Dakota Supreme Court

101 N.W. 315

13 N.D. 420

STATE EX REL. JAMES C. MITCHELL v. LOUIS A. LARSON, COUNTY AUDITOR

Supreme Court of North Dakota

October 31, 1904

Application by the state, on the relation of James C Mitchell, for a writ of mandamus to Louis A. Larson, county auditor of Ward county, N.D.

Writ granted.

Peremptory writ issued.

John E Greene, for plaintiff.

James Johnson, A. M. Christianson and E. L. Sutton, for defendant.

OPINION

YOUNG, C. J.

The call of the Republican county central committee of Ward county for a county convention to be held in the city of Minot on May 14, 1904, to nominate county officers, and to elect delegates to the legislative, judicial and state conventions, resulted in the holding of two conventions--one known as the "Reorganizers' Convention," and the other as the "Murphy Convention." Each claimed to be the regular convention of the Republican party of that county, and each nominated a full set of candidates for county offices, and filed with the county auditor nominating certificates in due form. Each convention elected delegates to the Republican legislative and judicial conventions, and the two state conventions which were held in Fargo and Grand Forks on May 18th and July 20th, respectively. The question involved in this proceeding arises from an attempt on the part of the nominees of the two rival conventions to have their names printed upon the official ballot as the regular Republican nominees. The defendant is the county auditor of Ward county, and, as such, is charged with the duty of printing and distributing the official ballots. He is also the nominee of the Murphy Convention for the same office. The relator is the nominee of the Reorganizers' Convention for the office of county treasurer. Upon his application, and on October 26, 1904, an alternative writ of mandamus was issued by this court, commanding the defendant, as county auditor to cause the names of the nominees of the Reorganizers' Convention to be printed upon the official ballot in the Republican column, or to show cause to this court on the 31st day of October why he had not done so. Upon the return day, Joseph W. Briggs, who was nominated by the Murphy Convention for the office of register of deeds, requested and was granted leave to intervene and file an answer, and by request of defendant's counsel the answer presented by him, which was verified by both Briggs and the defendant, was accepted as the answer of the latter to the alternative writ. Before the answer was filed counsel for defendant, under a special appearance, moved to dismiss the alternative writ for alleged want of service. These as well as a number of other grounds urged in support of the motion are without merit, and the motion was denied.

It may be doubted whether the answer presents any issue whatever for determination. The affidavit of the relator alleges, and the answer substantially admits, that two state conventions have passed upon the question of the regularity of the two county conventions, and in each case sustained the so-called Reorganizers' Convention, which nominated the relator. Under these circumstances, the allegations of the relator's affidavit and of the answer relating to the proceedings taken by each convention, and the qualifications and number of delegates of which each was composed, and the cause and circumstances of the split, need not be stated. They are entirely immaterial.

This case presents the same questions which were considered in a decision by this court in State ex rel. v. Liudahl, 11 N.D. 320, 91 N.W. 950, in which the opinion was filed October 25, 1902, and is controlled in every respect by the decision in that case. In that case, as in this, two sets of nominees for county offices of rival county conventions sought to have their names printed upon the official ballot in the Republican column. It was shown that both conventions had elected delegates to the state convention, that the state central committee had heard the merits of the contest and decided it, and that its action had been approved by the convention. It was held, after careful consideration and a full review of the authorities, that under such circumstances the decision of the highest party tribunal of the state must be taken as conclusive upon the courts on the question of regularity. In that case it was said: "The highest body or convention dictates as to policy and procedure of the lower organization, and decides differences existing therein, and thus is party organization effected and maintained. By affiliating with a party an elector recognizes party organization, and a nominee accepting a nomination contested by a nominee of a rival convention does so with knowledge that the regularity of his nomination is subject to decision by the highest authority of his party, when properly brought before it to determine the regularity of the convention at which he was nominated. In re Redmond (Sup.) 25 N.Y.S. 381. Disputes of this kind, involving the regularity of rival conventions, and involving the further question as to which set of county officers nominated by these rival conventions are entitled to...