Daily Los Angeles herald., 1879-07-03
Promises Of Candidates Before
E1ecssOn.

Premises Of Candidates before
EsecssOn.
In view Of the fact that all the
Nominees upon one of the contend.
Ing local tickets now in the field in
San Francisco have pledged them
selves to accept, If elected, sum
less than the salary allowed by law
In full Of all services rendered, 1t
may be Interesting to political
colsveL tions and aspirants for office
to luo,v that, according to high
authority, an election secured by
such . pledge is absolutely void.
The question lately came before
the Supreme Court of Missouri, in
the case Of the State VS.. Collier,
and on June I'd, 1879, that tribunal
rendered its decision, holding that
an election secured by the means
above alluded to, to be invalid and
against public policy.
The facts Of that case are as fol-
lows: At mass convention Of the
voters and taxpayers of Galloway
county, held in the city of Fulton,
August II, 1878, there were present
about one thousand citizens of the
county, for the purpose of nomin.
atlng candidates to be voted for for
the various county offices at the
election of that year. Collier was
. candidate before the Convention
for the Office of Probate Judge, and
he offered q resolution, which was
adopted by the Convention, requir-
Ing candidates to pledge them
selves to perform the duties of the
various county offices for much
less than the compensation allowed
BY law, among others that of Pro-
bate Judge for $1,000. Mr.. Collier
was nominated, made the promise
required by the resolution and
pledged himself In public speeches,
In the newspapers of the county
and In his personal solicitations to
the voters, to perform the duties of
the office, II elected, for $1,000 a
year, declaring that the legal fees
amounted to $4,000 per annum.
The ballot on which Golfers name
was printed was printed with the
names OF other candidates and was
headed "Low Salary Democratic
County Ticket" AT the succeed
ing general elsetion Collier was
chosen Probate Judge, receiving
200 votes more than his competitor.
He duly qualified and entered upon
the discharge Of the duties of his
ofi1ce.
The Attorney-General filed his
Information in the Supreme Court
for writ of quo 0arraato against
respondent, setting up the above
facts and asking judgment of
custer. The information contained
an allegation to the effect that
more than 200 Of the voters of the
county had cast their ballots for
Collier solely on account of his
pledge. A demurrer was inter-
posed by the respondent and the
question passed upon by the Su.
preme Court was as to whether,
admitting all its allegations to be
true, the information stated facts
sufIlcient to warrant the making of
the order prayed for.
Chief Justice Sherwood, speaking
for the Court, said: "Every one
will concede that it is OF the first
Importance that popular elections
should be conducted in such
= way a. to exempt them, so far as
the infirmitles incident to human
agencies will permit, from improp-
or Influences. Here the demurrer
confesses that being induced by the
offers Of respondent to take for his
own use only $1,000 out OF the
1890, the aggregate fees of the de-
sired office of Judge of Probate,
two hundred of the voters and tax
payers Of the county who would
otherwise have have voted for re-
spondent's rival, changed their
purpose and voted for respondent,
who, but for such offers and their
acceptance, would never have been
elected.
"In the recent case of the State
". Purdy, SO Wis, 213. the question
raised by this information was
learnedly and exhaustively dis
cussed, and In such a manner as to
leave nothing to be desired, and the
conclusion there reached that
means similar to those employed
In the present instance we're not to
be tolerated and that the title to
the office secured thereby would
be declare ed invalid. There the con-
test was between two individuals
n to whom was entitled to the Of
noe of County Judge-the relator
clai it In consequences OF the
reception OF twenty-three more
votes than the incumbent, but the
latter claimed In his answer that
the salary of County Judge was
fxed at 81, 900, that relator being o
s.l.t. <or tho off1ca pubIiah ed