The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1897-10-06

4
dates excepting from the returns of "A
| primary election. On behalf of the can
didates whose names appear in the certi.
| iicate n filed, however, il was claimed in
the objections filed thereto, and
on the argument before US, that
they were the only ones who
had complied with the requirements of
the party rules, and were the only ones
entitled to be voted for at the primary
| election, being the only candidates an
nounced by the Chairman in pursuance
Of rule 20, that there being only one can
didate regularly before the people for
each Office to be filed, it was unnecessary
10 hold primary election, and that the
convention was warranted under the GUS
| toms of the party. as well as under the
Act of June 22i, 1887, in certifying Shoe
| maker and Coleman as the regularly
nominated candidates, even though no
| primaries had been held. Candidates
Miller and Shaffer reply to this that
the Chairman of the County Committee
wrongfully and improperly refused to
announce their names as candidate al
though they requested him to do so and
paid him the fee required by rule 20. and
that they were voted for At the primaries
held on the date fixed by the rules and
were returned to convention of Return
Judges as nominated.
The convention presided over by IIar-
vey NJ. Berkeley consisted of number of
the Committeeman who were regularly
elected the preee ling year, some persons
holding proxies as such Committeeman.
and others who were appointed in the
place of Committeeman removed 10y the
Chairman under the authority given him
by rule Is. None of these, however. We
believe, had acted rs judges at any pri-
mary election held on the preceding
Saturday.
The convention presided over by A. o.
Beal consisted of several Committeeman
who had been regularly elected the pre-
ceding year and who had held primary
elections in their respective districts on
the preceding Saturday, and of several
persons who had acted a. judges of cleo
tion in pursuance of provision in rule
10, that in case of the absence of the Com
mitteeman on the day of the primary
election the voters present shall elect
judge of election.
1t appears from the evidence that
Messrs. Shoemaker and Coleman were
announced by the Chairman of the Re
publican County Committee in the news
papers for the offices of Jury Commission
er and Director of the Poor respectively.
and that ShaiTer and Miller were not so
announced, and that in the issue of the
Somerset HERALD, published on We'd
nesday preceding the usual time for hold
ing the primaries. il was announced by
the Chairman that there being only one
candidate for each Office To be filled, the
necessity for holding the primary election
was obviated aud that none would be
held; and It further appears that no list
of the candidates for the offices to be voted
for were furnished to the Committeeman
by the Chairman for the same reason.
1t must be conceded that the plain in
tendment of the rules, taken as a whole,
IS that no person shall be voted for at the
primaries of the Republican party of
Somerset County excepting those who
have paid the assessment or fee required
therein, have been announced "in such
Republican newspapers of the county a.
shall be designated by the Chairman"
and whose names appear upon the list
Of candidates furnished the committee
men by the Chairman, as required by
Rule 20, and procured by them as requir-
ed ny Rule -. The rules contain no pos
tive prohibition against other persons
being voted for, but TO permit Others than
those thus previously qualified to be
nominated would certainly abrogate the
rules in such important particulars as to
render them invalid, and il would be
plain disregard of an old rule of con-
structiOn which requires US 10 inquire in
10 tine mischief and the remedy If We
were to place any other construction IN
the rules.
THE BLOW THAT ALMOST KILLED
FATHER
The facts just stated above and the con-
struction placed upon the rules would
seem almost sufficient of themselves to
warrant the withdrawal of the names of
Miller and ShafIer from our consideTa-
ton as properly certified candidates,
without considering the reasons why
they were not announced by the Chair
man and whether these reasons were suf-
iicient or not; in other words, as against
candidates who have been properly an
nounced, persons who have not been an
nounced should have no status, regard
less of the reasons why they were not
qualified by previous announcement, but
we do not care To rest our decision on
these grounds, although apparently tens-
ble, but will supplement them with fur
ther reasons sufficient TO our mind.
Chairman Berkeley, from the time the
first candidate spoke to him in the early
spring, about having his name announc-
Ell, until the last day for receiving the
names of candidates under the rules,
constantly asserted TO all comers that
there WAS not sufficient money in his
hands TO hold the primaries and that he
would hold no primaries unless the can
didates agreed to secure him in the def
could not be ascertained by him until the
last day for receiving announcements,
because the proper apportiOnment could
not be made among the candidates until
he knew how many there would be.
Shoemaker and Coleman were the only
candidates for the offices of Director of |
the Poor and Jury Commissioner who |
agreed to pay their share of the amount |
necessary to be collected from the candi |
dates to defray the expenses of the pri
maries and of the convention of return |
judges. All the other candidates were |
notified and they all refused in express |
terms TO pay anything more than the Zee |
provided for in Rule -. or failed and neg |
lected TO ascertain from Chairman Berk |
ley on the last day for receiving an
the amount necessary for |
them to pay in, he having previously ad- |
yised all candidates that he could inform |
them as to the amount necessary en- that |
day.
II must be conceded that the intention /
of the rules is that candidates for nomi- |
nation from year to year shall bear the \
expenses of announcing their names, of
holding the primaries and of the conven-
ton of return judges. This is clear from
the express language of Rules l3 and 20.
and we do not understand il to be contro-
rerted in This case. The expenses of
holding the primary elections in the for