The herald., 1894-10-27
NAMES WILL Be ON BUT ONCE.
Fusion Candidates Will Not Be
Double. Shotted.
Judge Shaw's Decision and Opinion
in the Street Case.
He Holds That There Is Nothing in the
Law to Indicate That the Namsof
any Candidate Shall Bo
Printed Twice.


will have their names printed in only
one place on the tickets. Judge Shaw's
decision, rendered yesterday morning,
WAS in favor of County Clerk Ward and
that official can now proceed to print
the tickets as he originally intended.
The decision in substance is as follows
The plaintiff was regularly nominated
for the office of county surveyor of this
county by the Peoples party and also
by the Democratic party. The defend
ant is the county clerk, and in printing
the ballots for the ensuing election he
proposes to print the name OF the plain
tiff but once on the ballot and to print
Immediately following his name as his
party and political designation the
words, Democrat and Peoples party"
The plaintiff objected to this and de-
manded OF defendant that his name bo
printed twice on the ballot, in the same
manner as if the respective parties had
nominated different men.
This the defendant refused, and the
plaintiff now asks writ of mandate to
compel him to comply with the request.
Throughout the ballot which the clerk
proposes to print the persons nominated
by the Democratic party have the word
Democrat" following the name a. the
party designation. while those nomi
mated by the Peoples party have the
words Peoples party" following as the
party designation. Those nominated by
both said parties have their names
printed but once with the words Dem
ocrat and Peoples party" following as
their party designations.
There is no provision whatever for
keeping separately the vote cast for
each party; and ii the tally lists and re.
turns are made out es provided for in
the law they will show the names OF the
candidates for each office and the total
distinction in regard to the party from
which the votes come. and there will be
no means OF ascertainina how many
voters Of each of the different parties
voted for each candidate, except by re-
sorting to the ballots and counting them
over again.
But it is provided in section 1866 that
if there is no contest the ballots must be
burned after the lapse of one year from
the election. Consequently when the
time for a new board of election to be
selected for the succeeding election or
for conventions to be held to nominate
candidates for the next election, the
ballots being destroyed, there will be no
record by which the separate vote OF
each party could be ascertained. 1t
muat, therefore, be admitted that the
entire election act does not by inference
require that the names of ths candidates
nominated by two parties shall be twice
entered on the ballot.
There is nothing which declares that
the name OF any candidate shall be en-
tered twice on the ballot. 1t ia proyid-
ed thas "all ballots shall be OF the me-
cessary size and shape to contain the
names of all candidates !" and also that
it shall be the duty OF the county clerk
to ''cause to be printed in the appropri-
ate ballot the name OF every candidate
whose name has been certified to-" and
also that all ballots shall ne OF such
width "as may be necessary TO contain
the names Of oil candidates nominated :"
and that "the names OF candidates ahall
be separated bv a rule" These provis-
ions indicate an intention that the name
OF the candidate for the Office shall be
entered. and do not indicate any inten-
ton that the party votes shall bs kept
separate, or that any vote shall be en-
tered more than once. The provision
IL
followa: "All ballots shall be printed in
plain roman type and shall contain the
| name of every candidate whose nomina-
ton for any Office specified in the ballot
has been certified to and filed according
to the provisions Of this code, and no
other name; and there shall be added
to all the names of candidates for each
office their party or political designa-
! tion. The names Of the candidates for
each Office shall be arranged under the
designation of the Office in alphabe
order according to surname" There is
nothing in this which requires any name
! to be entered twice. All that can be
required is that opposite each name
there shall be added his party or politi-
cal designation. The form of the ballot
indicates that the purpose Of the legisla-
ture, instead OF being to promote party
divisions and to encourage votes upon
party lines, was rather to bring the
attention of the voter to the office
to be filed and to the various
persons who were candidates for
the particular Office. The candidates
ere grouped by offices and not by par
ties. In order to prevent any classified
ton by parties it is provided that trey
must be entered in alphabetical order,
thus preventing any party from having
| its candidate in the same position under
each Office. The only apparent purpose
for the requirement that the party des-
ignation of each man ehall be added to
his name is that OF Identification. This
purpose ia sufficiently served. where the
candidate has received more than one
nomination. il his name is placed once
upon the ticket and the names of all
parties nominating him are added TO
his name, as has been done in this
case.
1t is also argued by the plaintiff that
the party designation added to the
name OF Mr.. Street must be construed
as the name of single party. and II 10
alleged that there is no party in exist
ence known by the name OF Democrat
and Peoples Party" This is a very
specious objection, and in view OF the
fact that, throughout the ballot. each
candidate of the Democratic party ia
designated by the term democrat"
and each candidate of the Peoples'
party is designated by the words "Peo-
pies Party" so that when voter
came to candidate whose designation
was Democrat and Peoples Party" he
could net mistake it's meaning, the
objection cannot be said to have any
weight.
1t may be admitted that the clerk
might, in the exercise of his pow er,
ensar the name twice on the ticket
with the separate party designation OF
ths candidate opposite the name; but
the most that can be said is that he has o