101 N.W. 315 | N.D. | 1904
The call of the Republican county central coqimittee 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. Ele 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 alter
It may be doubted whether the answer presents any issue whatever for detennination. 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
A peremptory writ will issue, commanding him to do so, and containing such further directions as shall be essential to accomplish the purpose of the writ.