The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-10-13
PETITIONS DON'T co
Party Nominations Can Be Made Only
by Party Conventions.
SUPREME COURTS DECISION
Judge Reeves Name Must Not Be
rlaced on the liver repub-
lIcan ticket. he Court
Is Unanimous.
speclal Dispatch to the STANDARD

Special Dispatch to the Standard.
Helena, oct. 1.-THE supreme court
to-day decided the Woody Reeves case
In tavor OF Judge Woody, holding In
elect that party nominations by petit
tons are null and vosd, ana can onIy
be made by duly called and organized
party conventions. I'he opinion Is by
Justice hunt, and its text Is:
State OF Montana, in the Supreme
Court october Term, ls96,-The State
OF Montana, ex rel Frank II. Woody
VS.. Louis kotwitt. Secretary of State.
Submitted. October 8, 1886; Decided,
october II. 1886
Statement OF the case by the justice
delivering the opinion.
1he petiuoner applies for writ Of
injunction commanding the defendant
secretary OF state To refrain from GER
tifying 10 the county clerks OF Mis-
soua or Ravalli counties the name
OF George w. Reeves, esq, as the can
didate OF the silver republican par
ty' or OF the republican party Of the
state OF Montana" Tor the Office of
judge Of the Fourth judicial district.
state of Montana
1t appears by the petition that on
Sept 3. 1896. the petitioner was duly
nominated by a convention OF deie-
gates who were resident in Missoula
and Ravalli counties. as the democrat
ic candidate for the office of judge OF
the Fourth judicial district, compris-
ing the counties OF Missoula and ia
valli; that q convention OF the repub-
lioan party, consisting OF delegates
from the counties Of Missoula and Ra-
valli, on the 9th day OF September, 1896.
duly nominated one L. h. Hershey as
the republican candidate for judge Of
the district court. 1t was conceded,
however. during the argument that no
certificate OF Hershey's nomination was
ever filed with the secretary of state,
as Ii required by law. and that even
II 1t were 30 filed he Is not a candi-
date. having notified the secretary Of
state OF his declination OF any nomi-
nation as district judge. The petition
er next AYERS that the silver repub-
lican party has been q regular politi-
cal organization since Sept. 8. 1896. and
has nominated officers and published
the principles 1t proclaims and advo-
Gates; that on Sept. %, 1886, the re-
publican party held q county conven-
tion In Missoula county to nominate
county officers, the delegates to said
convention being from Missoula coun-
ty exclusively. but that the said coun-
~ convention pretended to nominate
George w. Reeves as the republican
candidate for district judge Of the
Fourth judicial district, and on Oct.
3, 1896, filed with the defendant a cer-
tifcate stating In substance that at
convention Of the republican party.
held on the said last mentioned date,
Of Missoula county the said George w.
Reeves was by the said convention
nominated for judge Of said Fourth
judicial district. 1t then appears that
Immediately upon the conclusion OF the
proceedings Of the republican county
convention. a portion of the delegates
to the same assembled as silver re-
publican convention. and among other
proceedings Of said convention so as
sembled the delegates nominated the
said Reeves for the office Of district
Judge, and on Oct. 3, 1896, filed a cer-
tificate with the defendant reciting in
substance that the said Reeves had
been nominated by such convention as
the candidate of the silver republican
party.
II Is averred that the nominations
Just referred to are void because they
were not made by any convention in
which the county Of Ravalli was rep
resented, or was invited to be repre-
sented. or had an opportunity to be
represented.
The petitioner then sets forth that
on Oct. 3, 1896, there were filed with
the secretary Of state four lists OF
names whereby certain qualified elect
ors Of Missoula county nominated
George w. Reeves as candidate OF the
silver republican party for district
judge of the Fourth judicial district.
The petitioner alleges that these petit
tions are defective by reason OF elect
ors In certain instances emitting to
sign their places Of residence and oc-
cupations as required by law. II Is
next averred that on Oct. 3. 1896. GER
tain other petitions were filed with the
secretary Of state, wherein certain
electors attempt to nominate the said
George w. Reeves as the candidate OF
the republican party Of the state OF
Montana" But the petitioner alleges
that these petitions are defective by
the omission in certain cases to add 10
the names OF the electors their places
Of residences, etc. IL Is also averred
that there are not enough names upon
the petition referred to to nominate
the said George w. Reeves according
TO law.
The secretary of state by answer
denies that Hershey was ever duly
nominated and alleges that at reg
ular republican state convention COM
posed of electors from all the counties
In the state, the delegates attending
such convention from Ravalli and
Missoula counties without right or au-
tbority assembled and pretended to
nominate Hershey, but never filed any
certificate OF nomination. and that said
Hershey was regularly nominated by
the republican county convention Of
| Missoula county as county attorney
for said county. The defendant de-
uies ION Information and belief that
the silver republican party has been
at all times since the 9Th day Of Sep
tember. 1896, a regularly organized and
! existing political party in the said
/ Fourth judicial district OF the state Of
MontanR;" alleges that the Missoula
republican county convention nomi-
rated said Reeves as a candidate for
| Judge, and filed with the defendant on
/ oct. 3. 1896. a certificate In due form;
admits that after the republican coun-
| ty convention had adjourned sine die.
a part OF the delegates attending such
convention assembled as a silver re-
/ publican convention. and alleges that
| after assembling and duly organizing
/ as a convention representing the silver
| republican party, they nominated said
Reeves as candidate for judge and