Diehl v. Totten
North Dakota Supreme Court
Appeal from the District Court of Bowman County, Hanley, J. The statute in question, the corrupt practice act, is unconstitutional. It is general in its terms and assumes to apply to all candidates for public office. Its consequences are also general, — applying to all who seek the public favor in an election.
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Appeal from the District Court of Bowman County, Hanley, J. The statute in question, the corrupt practice act, is unconstitutional. It is general in its terms and assumes to apply to all candidates for public office. Its consequences are also general, — applying to all who seek the public favor in an election. Const. §§ 47 — 173, 196, 197; U. S. Const. § 5, art. 1. A separation of a statute to sustain a part can only be resorted to when it affirmatively appears that the legislature would have enacted the part sought to be sustained, independent of the other part, if the vice had been called…
1Opinion of the CourtBurke, J.
Diehl was the duly elected, qualified and acting judge of the county court in and for Bowman county, North Dakota, for the years 1913-14. At the general election to choose his successor, held in November, 1914, he was a candidate for re-election and was opposed by Totten. Shortly prior to said election Totten caused to be published in a newspaper of general circulation in said county an article in the following words:
Political Advertisement.
EDWAED P. TOTTEN For COUNTY JUDGE
EE AD HIS PLATFORM AND PLEDGE (Photograph of Edward P. Totten) '
TO THE VOTEES AND TAXPAYEES OF BOWMAN CO.
In the situation…
2Cases cited9 opinions
- Poindexter v. GreenhowSupreme Court of the United States · 1885
- Malin v. County of LamoureNorth Dakota Supreme Court · 1914
- Chicago, M. & St. P. Ry. Co. v. WestbyCourt of Appeals for the Eighth Circuit · 1910
- State ex rel. Bill v. EltingSupreme Court of Kansas · 1883
- McDermont v. DinnieNorth Dakota Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Smith v. HiginbothomCourt of Appeals of Maryland · 1946
- District One Republican Committee v. District One Democrat CommitteeNorth Dakota Supreme Court · 1991
- Adair v. McElreathSupreme Court of Georgia · 1928
- Tipton v. SandsMontana Supreme Court · 1936
- Trushin v. StateDistrict Court of Appeal of Florida · 1980
5 more not listed; retrieve them via the Exa API.