The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-10-24

The attorney general snys that the first
form submitted by Mr.. Booth is the correct
one. His views arc contained in a lengthy
opinion and are summed up in his conclu-
sions 40 follows:
Every ballot shall contain the name of
every candidate whose nomination for any
office specified in the ballot has been certi-
fed or filed in accordance with the provis-
ions of this act, and no other names. The
names of the candidate for each Office shall
be arranged under the designation Of said
officer in alphabetical order according to
surnames.
One of the objects of the Aust, allan law
was to grant to the electors. in convention
or primary meeting assembled, the right to
make nominations to public office and to
designate such nominees as the rep e.
sentatives of the party or principles which
such convention or primary meeting repre-
sents.
There was granted a dual right to each
political party, viz: The right to make
nominations md define and prescribe the
policy or principle which such nominee
represented.
1t will be perceived that the Australian
law in effect absolutely prevents the filing
Of the name of any PEI son nominated to a
public office unless such nominee represents
u party or principle; Therefore the question
presents itself. when is the one abandoned
or merged in the other, If at allp The an
swer to this query may be summed up
from the Australian law as follows:
!. The holding of conventions or primary
meetings are authorized by law.
2. Such nominations in case the Office is
to be filled by election within the state
shall be certified to the secretary of state
and BY the secretary of state to the county
Gle X.
8. The name of every candidate SO nomi-
mated shall, by the county clerk, be printed
upon the ballot and shall contain opposite
such nominee the name OF the party or
principle which the candidate re- resents.
4. The nominees of such conventions have
n vested right in such n nomination and
cannot be deprived of such right except by
their own consent.
Therefore it may be safely assumed that
at no stage of the proceedings is the party
or PRINCIPLES which such nominee repre-
sents abandoned or merged in that of the
nominee. but that the political designation
should be placed upon the ballot opposite
each nominee and that it continues through
out the elections; and that each electoy has
a vested right in such nominations. and
that only by his ballot which represents his
political faith can he express his political
preferences for the nominee of the pa ty to
whose principles and policies he has sab
scribed.
In the case before us it is proposed in one
of the forms of the ballot presented here
with that the name of w. Y. Pemberton
should be placed but once thereon. If this
be done, it IL pertinent to inquire what party
or p inciple will such nominee represent.
Two of the political parties have decided
that he should represent them, but if the
proposed course is carried out he would
represent but one party on the ticket, which
would deprive the other party of their nom-
iuee and the eby do an injustice to All
elector who desired to express his political
preference for the nominee of his party.
If this had been the intention of the law
making powers they have wholly failed in
their intention, for that they have pre-
scribed a rule which il to me definite and
certain. which declares in language unmis-
taxable, the intention of the law making
power and which is wholly inconsistent
with the rule herein proposed.
1t may be noted that the provisions alone
quoted end referred to are mandatory III
their entil ETY. and cannot be considered
merely directory; therefore we oonstrue
these provisions of the law to mean that il
is the duty of the county clerk of each
of every candidate of each political party
whose name has been certified to or filed
with him according to the provisions of the
Australian law, and that he shall place OF
the same line of such nominee, the name o.
the party or principle which the candidate
represents, as contained in the certificat,
of nomination.. and that in this respect
there is no departure from the rule"