Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1895-12-28
Idaho Supreme Court Decides a
Bitterly Contested Case,
Mr.. BAKER SUED TOO LATE
Had lie Commenced Action Before the
Ballots Were Cast the Result Might
Have Been Different.

Boise, Dec. 23.-Thc important cleo
ton case of John Baker, appellant, VS..
John Scott, from Bannock county, was
decided today in favor of Scott, and he
will retain the office of auditor and re-
corder of the county. The supreme
court is divided on some of the points.
though they are unanimous in deciding
that Baker is not entitled to the office.
Ii is held in effect that Baker forfeited
rights he might have possessed by not
bringing action before election, but the
court does not say what would have
been the result If action had been begun
then. Justice Huston delivered the
opinion. Sullivan dissented on the law
points and Chief Justice Morgan will
also deliver dissenting opinion.
Baker was the nominee OF the republi-
cans of Bannock county, while Scott
was the nominee of the demOcratic-pOp-
ulist-taxpayers party, and his name APP
peared on the ticket of each. Baker
contended that Scott's name was illeg-
ally put on the pOpulist and taxpayers
tickets and that votes for him on those
Baker, in support of this contended
that SCOTS name was placed on the
populist ticket by a committee of the
pOpuliSt county convention, which was
authorized under the law, as he took it,
only to fill vacancies. No vacancy hav-
ing occurred on the ticket for the posi-
ton to which Scott aspired, Baker con-
tended that the action of the committee
q p
gality OF the taxpayers convention held
at McCammon, contending that it was
not a convention in the meaning of the
law entitled to make nominations. 1t
was also cOntended that name could
not appear in more than one place on
the official ballot.
Justice Huston finds the McCammon
convention was legal and that the pop
ulist committee acted legally in placing
SCOTS name on their ticket.
On the all-important point of the
printing of the name in more than one
place on the ballot, he says: "Under the
old system some voter might be de-
ceived by the placing of the name Of a
candidate upon more than one place
upon the ballot, but it seems to me that
the danger of such deception is reduced
to the minimum under a system which
requires the voter to read upon the bal
lot the name of every candidate to be
voted for and distinguish the same by
certain prescribed mark. OF course
there always have been and always will
be, until integrity becomes more prom
inent factor in politics than it ever has
been in this country, found means
whereby voters may and will be de-
ceived. All legislation on the subject
ought to be directed to the protection of
the voter not only from intimidation
and corruption, but from deceit; but
such means, when provided, ought not
to be SO construed as to work the dis
reimbursement of the honest and limo
cent voter"
The opinion says Baker had ample OPP
portunity to have any alleged errors
corrected before the election, and, con-
tinuing, says: Having neglected to
avail himself thereof, he can not now be
heard to urge such objections, when
their recognition would avail not only
to defeat the expressed wish Of the vot-
ers but to disfranchise hundreds of le-
gal voters"
Justice Sullivan handed down the fol-
lowing: Il concur in the conclusion
reached by the opinion of Mr.. Justice
Huston on the ground that If the noml-
nation of Scott by the committee and
placing his name on the ticket was con-
trary to law, the appellant should have
made application to have the same cor
rected before the election"
The statement Of the condition of the
CHI i1ah 10 n Oh