The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-03
SOME DOUBT ABOUT IT
Certificate Of Nomination Of The A. P. A.
Ticket Not Yet Filed.
MR.. JOHNSON IS EXCITED
There Must Be Distinction In Title
When Two Tickets Are Pre-
scented fer Filing To- Nor
row Will Decide.

BUTTE, April "A committee consist
ing of {. q. Johnson, w. o. Clymo and
Thomas Richard made an effort to file
the certificate of nomination of the A. p.
A. ticket with the city clerk this after
noon, which was temporarily unsuccess-
full. II was entitled the Regular Repub-
lican Ticket" and Clerk Irvine refused to
file the document, for the reason that he
had already accepted the republican"
certificate of nominations, and IT was his
opinion that there was not sufficient dis
tinction in the name of the a. p. A. ticket.
When il became n certainty that there
would be two republican tickets in the
field the clerk sought advice from the city
attorney i'm regard to the wording of the
titles. The certificate of the straight re-
publican party was filed first under the
simple name OF the republican ticket"
and Mr.. Cotter then notified the clerk not
to accept the certificate of the A. Il. A.
wing of the republicans unless it was
given some distinguishing name, such as
Independent republican ticket" He
gave it as his opinion that regular repub-
lican" or 'straiGht republican" would not
constitute distinction, and it was in ac-
cordance with this opinion that the clerk
refused to file the certificate that was pre-
scented this afternoon.
Il
on the counter in the clerks Office and re-
turned at o'clock and held a consulta-
ton with the city attorney in regard TO
| the matter. Mr.. Cotter explained that he
| had no desire to work an injury or injus-
! tice to any party, but that he wished TO
/ see the election conducted in perfect ac-
/ cord with the law. 1t was n question in
/ his mind as to whether or not regular re-
| publican" was not a distinction without
/ a difference. and he desired to look up the
law IN tho matter carefully, particularly
| recent important decision by the supreme
| court of Nebraska.
| Mr.. Cotter explained that it was as
| much to the interest of the A. 4. A. re-
publcans as anyone else that there
| should be no flaw in the election. lie
| promised to give an opinion by o'clock
| tomorrow, which would give the commit
tee plenty of time to carry the case into
court on mlndamus proceedings and
| get decision, in case his opinion should
be uniavorablc.
In order to show that there was no ill
feeling Perrin Irvine tod the committee
that he would remain in his Office until
| midnight Thursday to receive their GER
tificate of nomination. Up to this time
everything had been conducted in very
gentlemanly manner. Mr.. Johnson, how
ever, assumed an important and know-it-
all AR that was very annoying, and later
| on he threw out some rather mean insinu-
| LAS you have seen fit to doubt my hon
esty in this matter" said Mr.. Irvine, 81
serve notice on you now that your certitl-
| cate of nomination must be filed before D
o'clock Thursday. ] cannot be compelled
to accept it after that hour and | will
| not
| Mr. Cotter left the committee n moment
later with considerable show of annoy
ance, after informing Mr.. johnson rather
warmly that he could neither bul.-doze or
| no all laff n
moment later, leaving their certificates
| still lying on the counter. Mr.. Irvine
told them that they could leave II there If
they wanted to, but that he would not pay
anv attention to II nor consider II nled.
| Half an hour later William Thompson,
the A. II. 4. candidate for MAYOR, put in
anhppearance at,the clerk office, accom-
panied 10y his attorney, Il. 4. Mcbride.
| They were pleasantly received, and
when the situation was explained
to them they both saw that Mr.. Co,ter had
taken the safe and fair course. Mr..
| Thompson said that they could easily
make a change in the name of their ticket
II Mr.. Cotter found that il would be nee
essary or advisable for them to do so. Mr..
| Cotter and Mr.. Mcbride then held a brief
consultation and looked up some law on
the point together. Mr.. Cotter stated this
| evening that IL is quite possible that the
prefix regular constitutes distinction.
but he promised TO have definite and
|
| A prominent and well-read lawyer, who
did not care TO have his name mem
toned, raised AN interesting question re-
garding the A. u. A. certificate of nominal
ton. lie gave il as his opinion that the
city clerk could legally and properly re-
fuse to accept the ticket under any name.
| Tho convention was cp!ied as n repub-
licau convention and the ticket nom-
mated as n republican ticket, and there
fore il is "A republican ticket or nothing.
There is no authority by which the name
of the ticket can now he changed. no
such authority having been delegated
to the central committee or any
one else 10y the convention. The only way
by which the name of the ticket could be
changed would be nv calling n new con-
vention, and after that was done ii would
be too late TO file the certificate.
IF the city clerk chooses to take that
position" said tho attorney, "there Is
nothing in the law by which he can be
compelled to file the \. i. A. certificate.
| &. NJ. Colman, independent candidate
| for police magistrate, concluded this
afternoon that he did not stand any show
and he accordingly withdrew his certiii-
cate of nomination.