Daily capital journal. (Salem, Or.) 1896-1899, 1896-10-08

in this act for the arrangement Q
names and other information upOI
the ballots, all the names and othe
information concerning all the candi
dates contained in the certificates OF
nomination which have been flee
with him and accepted by the noml'
nees in accordance with the provisions
ofrthis act, and he shall forthwith
certify the same under the seal Of The
state and file the same in his office
and make and transmit duplicate
thereof by registered letter to the
county clerk of each county in the
state, and he shall also post duplicate
thereof in a conspicuous PLACE in his
office, and keep the same posted until
after said election has taken place.
1t will be observed that the secre-
tary of state is not required any
where by the act under consideration
|
| TO include in the certificate
mentioned in the section last referred
to, the name either of the candidate
for president or vice-preSident, nor is
| it required by section 81 of the act
that the certificates of nomination
shall contain such names.
The statute in this respect is direct
ory merely, and whether the certifi-
Gates of nomination contained the
names of the candidates for presi-
dent and vice-president or not, the
certificate required to be made by the
secretary of state may contain such
names if the secretary sees tit to in
clude them within such rtiticate
Whether this construction of the
statute be correct or not, L do not
deem it material, for the reason that
at least one of the certificates nomi-
mating w. II. Spaugh as an elector,
mentions the fact that he is nomi-
mated as an elector on the Bryan and
Watson ticket, and having accepted
one of these nominations made, and
is clearly entitled to e.grouped in the
same grouping with N. L. Butler, E.
HOfer and Harry Watkins.
Suppose that the electors had all
been nominated by conventions, by
petitions of individual electors, and
by properly constituted committees
prior to the holding of any national
and before it could posi-
bly, be known who would be nomi-
mated by the several national parties
as their respective candidates for
president and vce-president, could it
be maintained in such event that the
certificates of nomination must con-
tain the names of the candidates
for president and vice-president.
The statute does not fix the
time when electors shall be nomi-
mated, whether before or after the
national conventions are held, but it
is clearly within the discretion of the
secretary of state TO place in the GER
tificates required to be made out by
him for the information of voters, the
names OF the candidates for president
and president of the several ma
tlonal conventions.
If any objection has been made to
the grouping of the names of N. L.
Butler, f. Hofer, w. IL. Spaugh and
Harry Watkins in one group as Bryan
and Watson electors nominated by the
Peoples Party, the Democrats and
Silver Republicans, it is purely a
technical objection and made for the
purpose of gaining some undue advan-
tage in the election to be held on the
3rd day of November.
1t is the purpose of the law and
within its spirit and scope to arrive
at the intention of the conventions
and "A fair and impartial expression of
the voters, and | am inclined to be-
lieye that the construction which l
have placed upon the statue in ques- |
tion, would be sustained by the courts
in case an appeal is made to them by
any one to compel you to group the
names of Butler HOfer and Watkins
In one group and the name of Spaugh |
In another by itself. Any other con-
than this given to the law
by the courts would, in my opinion,