The morning call., 1892-09-26
ENTITLED TO RECOGNITION.
Opinion of the Secretary of State RI
Earding the New Parties.

Opinion of the Secretary of State Re
garding the New Parties.
The following is the official eommunica-
:ion from Secretary of State Waite to
Acknowledgement Hart referred to in the
interview given above. The Secretary de-
elares that the Peoples party has the legal
right to be named at the head of the official
ballot. and he is emphatic in asserting that
the Non Partisans Of this city are entitled
to similar recognition:
Hon ". II. H. Hart. Attorney. .GeneraI-DEAR
GENERAL; The interesting question Is pre-.
sented, and my judgment asked thereon, whether
or not the Peoples party, OF any party relying
upon petitions 10 obtain ilace up0n the ballot
is entitled TO a pear tn single line al The head
OF the ballo TO be voted LOT straight, Ike other
parties which cast not less than per cent each
of The entire vote of tile State ai the last general
election IL i cOntended with considerable
foice that upon The presentation To the proper
authorizes of sufficient number OF bona hde
petitioners equal 10 al least per cent OF the
votes cast al tile last election in Tie State county
or political division nominating candidate or
cahdl dlddies Tor puolc positions. Jnelr names are
eutltled 10 90 upon The ballot IN the proper place,
but that 10 new party can claim the Tlkht 10 rec
ognitiou al the head OF the ticket, be voted for
straight until il has earned he right by having
poied at least per cent Of the entire vote OF the
State county o. political division at some pre-
ceding election.
The latter part of section 1877 OF the election
law Is cited Ia connection with sections l1S6 and
1857 10 sustain This view Of the case. 1he
pol tion OF section 1877 relied on reads as
follows:
"At lhe head OF each ballot shall be printed In
separate lines he names fOf all political parties
which have filed certificates OF nomination OF
candidates I'D accordance Win sections 1856 and
1lS7 OF BIS code. thus: Regular Republican
Ticket (StIaIghD'"
Now. as sections 11S6 and 1fS7 only take cog
nizanee OF nominations made by conventions,
aud another sectiOn-Damely. section 11S6-
provides for The nomination OF candidates by
subscribing electors. It Is eontrnded thai the lat
ieI cannot come IN under proper construction
OF the code, aud be entitled TO Tie dis
tlncti0n OF being voted Tor a parry straight.
even II they properly present candidate for
after an examination Of the ballot law and
some thought, caunOt agrte 10 tbis opinion.
Section 1888 reads a. follows:
Hiss. candidate for public office may be
nominated otherwise than By 4 convention in
the manner following: A certfeat- OF nomina-
ton containing Ihe name or the candidat- 10 be
nominated, with tie other Information reQufed
10 be given in the certificates provided for IN
section 1877 OF this code, shall be signed by
electors residing within the district or political
DIVISION lOT when candidates are 10 be present
ed, equal 10 number 10 at least per cent OF The
eutIre vote casT at the last preceding election In
the STA e district or political division for which
the nomination is 10 be made. SAID signatures
need not all be appended 10 one paper. bu. each
signer shall add TO his signature his place Of es-
idence, giving the street and number when be
resides Ia cIly. one Oh the signers of each such
certificate sha II swear that the statements there
IN made are tue TO the best OF his knowledge
and belief, and certificate OF such oath shall be
annexed. such a certificate, when made as
above prescribed, shall have the same effect as
certificate Of nomination made By party con-
ventiOn.'
While the phraseology OF this section seems
somewhat TO indicate that only candidates for
local purposes were meant, the scope of II Is not
restricted, because The right 10 nominate one IN
the manner designated Is he right 10 nominate
TWO or many TO tie extent Of full ticket, aud
Wien such a ticket is presented and de-
mahd made Ter recognition as a fuil-iedged
party, all The forms Of law having been complied
with, who shall deny il? Who shall deny TO such
parry, represented by petitioning electors, all
the rights that any other party has, among others
that OF being voted for straight 80 q designated
space at the top Of The ballet? The latter part of
the section just quoted says that certificates
OF nomination MADE by petti0nng electors shall
have the same ehect as those made By party
conventions" Does this mean that nOmIua-
lions thus made shall be entitled TO every pOlii-
cal privilege enjoyed by the most favored? +?
That such nominations are 10 occupy o inferior
position on the ballot seems 10 be clear for sew
eTal reasons.
Section 1889 states what certificates of nom.
inatlons Shall be ceTiined to the Secretary OF
State. Ihis year the certificates are TO be for
Presidential electors and members OF Congress.
Now section 1892 says: Certificates OF nom-
nation required 10 be filed with The Secretary of
Stat' shall be filed not more than sixty days aad
not less than forty days before the day liked by
law for the election OF the person IN nomination,
when he nomination Is made by a convention,
and not more than sixty days and not less than
thirty days before the day Of election, when tue
nomination is made bv electors. as provided in
section 1888 of MS code"
Thus IL is plain that the law contemplated
nominations by subscribing electors equal TO an
entire ticket and the Inauguration Of a political
party. 1t provides for the presentation 10 the
Secretary OF State of full complement for a
5 ate ticket.
When that ticket is, in compliance with law,
certified TO me, call your attention TO section
1913 wherein you will see that the Secretary OF
State cannot suppress any nomination duly fled,
nor any part thereof, but must, as required In
section 1893, certify the same TO the County
Clerks of the various counties.
This Interpretation of the law is in cOnso-
nance, think. with the views Of the courts in
the pasI. which have held that liberal cOu-
sructiOn 10 conserve The rights OF the citizen at
tie polls where government by the people is
sacredy involved, Is the proper one 10 make.
The courts have always been careful 10 ignore
infOrmalilles and techncaiisies 10 secure 10 the
voter his sovereign rights.
II seems TO me the new ballot law imposes
sufficient hardsblps upon any new party sesk-
ing recognition In that il requires per centum
more pelitioning electors TO obtain such TecOg
milton than an old party obtained votes at a
preceding election. besides the greater labor OF
Obtaining them on paper. Was not this hard
ship imposed as partial bar o the easy multi
plicatlon Of parties by ''piece" clubs and other
organizations which modern politics have
engendered? Does not oil this m an TO say 10
new party Or organization, "OveTcOme these
dificuliies aud you shall be on an equal level
with any old party IN exisence?" / think that
is the true intent ana purpose.
have held that tile Prohibition party. though
casting barely per cent of the vote of the State
at the last general election is entitled TO all the
rights and privileges on the general ballot of
either OF the greater parties. 1t seems 10 me
quite certain that the Peoples party, so called,
Will develop as much strength at the November
election as the Prohibition party. II IL over.
comes all the odds against II. and. by a cOmpli-
anee with tie election laws. wins recognition.
can see no reason for denying II rights equal TO
these Of any party more highly favored. Very
truly yours, L. q. WAITE, SecTe ary OF State.
Sacramento, Sept. -, 1892.