The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1894-03-23
lsIGNED.l
GUTHRIE, O. T., March %. 1894.

GUTHRIE, q. T., March %, 1894.
Under the statutes OF the territory OF
Oklahoma governing all elections OF Oili-
GERS by the Australian ballot system, it is
provided that the city clerk shall appoint
one member OF the two political parties
polling the highest number of votes, who.
with himself shall be a board of election
commissioners. In compliance with this
provision OF the law, City Clerk SeiNas, of
the city OF Guthrie, appointed {. X. Rem
fro and the undersigned TO act with him
as such board.
The statutes furt her provide that in
not less than fifteen days before "a city
election, the chairman and secretary OF
q party convention, or party committee
or u certain number of petitioner, ia ease
of no party organization shall certify to
the city cerA the list of their candidates
for the various Offices, together with
other requirements SCI out sprcIucally III
s'c,iD,' 2iJj and .,iJ, Ot tDe statues Of
OAlahOmt, %
In compliance AItr this pr vision OF
the law on the -- dal ui Mdrcn, ...., a.
NJ. Shippy as chairman and Lto Niuceht
uS seer ,ary ul a convention ncld by the
Populists, a legal political party which
polled the ccsSary percentage OF votes
at the last general election ia this terri
tory to be- entitled to nominate 1 ticket.
filed their certificates of domination Oi
certain gentlemen as candidates OF That
political organization for certain offices
OF the city of Guthrie, which certificate
the said board of commissioners by a ma
jority vote, refused To certify as properly
hled and ordered not to be printed for the
reason that the said certificate did not
comply with the sections of the statutes
above cited,
On the 2lst day OF March, 1894, twelve
days before the election, said Shippy, as
chairman, and Leo Vincent, as secretary,
as ore said, filed a supplementary certli-
auf QunplNipU the HniipipnpV a = ufnraSa a iI
which vas evidently omitted by over
sight; the original certificate having been
filed within the time allowed by law, the
supplement, in my judgment, relates back
to the date OF the liling Of the original
certificate and il should be so held The
defect objected to, to-wit: the failure "a
state citizenship and qualifications aud
residence OF the candidates in the orig
inal certificate (but which were stated in
the supplemental certlicate) are purely
formal requirements of the statute, tech
nical In the extreme, and il being the rule
governing the constructions Ct statute,
that statutes OF this character should be
literally construed and not strictly con
strued. In my judgment, IL was error fOl
the majority OF the said board OF election
commissioners to fail and refuse to Ger.
tify said ticket and to throw the samt
out. In my Judgment, in an election o.
this character where the qualifications o
the candidates and the residences OF eacl
and every one on the ticket is so wei
known, that in constituting the statut,
and applying it to this certificate, tn,
said board might well have taken Judi
cial notice of these matters.
Was it the intent of the legislature Il
disfranchiSe So large portion OF ou
voting population upon such techni
cality?
Shall this party be disfranchsed upol
so fiimsy preteIp | believe it TO hay,
been both the intent of the Legislature
and the policy Of the courts to give ever,
man and every party, irrespective o
principles or creeds. a free ballot and
fair count, and, believing this, will b
no party to any attempt to disfranchis
these people, and therefore, dissent.
This also relates To the petition OF Fell
Adler. WM. +. II. SEARCEY, JR.,
Democratic Member OF Said Board.