The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-10-13

ia due form filed a certificate with the
defendant. The defendant alleges on
Information and belief that neither the
republican party nor the silver repub-
lican party In Ravalli county have
ever held a convention for the pur-
pose OF nominating a candidate for the
office of judge of the Fourth judicial
district. but have acQulesced In the
nomination OF the said Reeves for said
office.
The answer admits the filing Of the
petitions referred to by the allegations
OF plaintiffs petition, but denies the
defects alleged in the petitions. II Is
unnecessary TO mention the particular
defects In the denlals more specifical-
ly, as they are not material TO the de-
clsion of the case. 40 this answer the
petitioner filed a demurrer.
Opinion of the court, by Hunt. ].
The attempted nomination OF Mr.
Hershey as republican candidate for
district judge by the delegates TO the
state convention on September 9Th,
1896, from Ravalli and Mlssoula coun-
ties Is not important. because. wheth-
er the method pursued was legal or
not Is immaterial. inasmuch as Mr..
Hershey expressly declined to be q
candidate. by written decllnation on
file with the secretary OF state. So
that. In the judicial district was prop
erly represented by the assembling OF
the delegates to the republican state
convention from the several counties
or the district In a district convention.
and II such district convention proper
ly exercised its powers by selecting a
candidate. still their work as dis
trict convention has become ineffec-
tive both by the declination OF Mr..
Hershey and by the failure of any
subsequent concerted action by such
district convention. or by any commit
tee delegated by such convention to
substitute another candidate In place
Of Mr.. Hershey. The fact Is. there
fore, that there Is no republican can
didate for district judge who was NOM
mated by any convention Of delegates
chosen from Ravalll and Missoula
counties. So far the case is perfectly
simple.
But In the current Of political con-
vemions, on September %. 1896, the
republican party In and for Missoula
county held county convention to
nominate candidates for county Offices
In Missoula county. This convention,
IL appears by the pleadlngs, was es-
sentially county convention for the
county of Missoula. Ii is admitted
that Its delegates were exclusively
from Missoula county. and Its func-
tions were evidently intended to be
limited to the single purpose OF MAX
Ing nominations usually and appro-
priately to be made by a county con-
vention. No invitation was ever ex-
tended to the republicans Of Ravalli
county to send delegates TO the con-
Nention-no opportunity was given to
Ravalli county to participate In the
convention, and there was In fact no
representation at all of Ravalli coun-
| ty. This county convention. however,
went beyond its evident primary pur-
poses and nominated a candidate for
| state ofiice-judge OF the district
court for the Fourth judicial district
an official In whose election Ravalll
as well as Mlssoula county Is deeply
| Interested, and for whose election
each Is authorized TO vote under the
| constitution and laws OF the state. We
| are irresistibly led to the conclusion
| that the elector who may vote for the
| election OF a judge Of judicial dis
| trict should have every fair and usual
| opportunity TO participate Jointly In
| the convention nomination Of o candi-
| cate for that office and should jointly
| participate. or decline to do 50. The
letter OF our constitution II "the state
shall be divided into judicial districts
| In each of which there shall be elect
ed by the electors thereof one Judge
| OF the district court" etc. Thus Is
the right preserved to the electors to
choose their own judicial officers: and
| u Is strictly In accord with the spirit
/ fsf laa .lA Ia. L. nA sk.k
where the official In TO be elected by
the Joint vote of several counties. the
| nominal ton OF a candidate to represent
| any political organization should be
by representatives Of such party from
| all such several counties acting joint
y.
The statutes. sections 1910, 1911. 1919,
| political code. recognize systems of
| conventions and primary meetings held
| to nominate candidates for public office.
| Such conventions are. however. In our
| Judgment meant to be organized as
semblages of electors or delegates
fairly Representing the entire body of
electors OF the political party which
may lawfully vote for the candidates
of any such convention. In a similar
case. state VS.. Weir, (wash.) 81, Pac.
| Az. the supreme court OF Washington
said, 'the plain intent of said section,
when examined In the light OF all the
other sections upon the subject. makes
| 1t perfectly clear that the primary
meeting or convention must be by OF
| on behalf of the entire body Of voters
| of the respective party who are to be
| allowed to vote at the election OF the
| officers therein nominated
We. therefore. think the Missoula
county republican convention did not