Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1898-10-28
AGAINST ROOSTER.
DEMOCRATS MAY LOSE THEIR
PARTY EMBLEM.
Tho State COMMITTEES Failed to File
Emblem. and Attorney General
Bishop In an Opinion Says
They Can Use None.

blcm, which Is described as rooster
In defiant attitude. The Democratic
state convention adopted the rooster
ms An emblem, but the state committed
through an oversight failed to file II
with the secretary OF state, hence, that
officer certified the Democratic state
ticket to the clerk without an emblem.
State Chairman Moyle Of the Demo-
cratic party, when the oversight was
discovered, instructed the various
county clerks TO certify the rooster as
the party emblem in the various coun-
ties, which has generally been done.
The contention seems to be, however,
that county officers can not certify to
state ticket, hence, II cross was put
up by the rooster, 1t would not count
for the state ticket OF that party. This
question was raised by the county
attorney of Garfield county, who asked
Attorney General Bishop for an opin-
ion, which was rendered as follows:
1.-The certificate of the secretary of
state to the county clerk of your
county, in which he certifes the names
and description of the candidates nom
mated by the Democratic state conven-
ton, does not contain any party en-
blem.
''The certificate of nomination, filed
by the officers OF the Democratic
county convention of your county, filed
soon after said county convention, and
within the time prescribed by law, does
not contain any reference to n party
emblem.
Subsequent to the fling thereof,
and, but recently, the officers of the
Democratic county convention, of your
county, filed with the clerk of your
county, a second certificate, in which
they certified that the said county con-
vention did adopt and designate a
party emblem. 1t also appears that the
chairman and secretary OF the state
Democratic convention in filing the
certificate of nominations of said con-
vention with the secre tary of state,
did not certify that said convention
adopted any party emblem whatever
Upon these facts you ask to be ad-
viscd whether the clerk of your county
Is authorized, in law, to place party
emblem, and have the same print ted,
upon the Democratic ticket in your
county.
"Section s23, Revised Statutes, in pro-
viding what the certificate of nominal
tion shall contain, provides among
other things, as follows: The certif-
cate of nomination, which shall be in
writing, shall contain the name of the
office for which each person is nomi-
mated, the name, postoiiice address, If
any, the residence of each person, and
II in city, the street, number of resi-
dence, and place of business, If any,
and shall designate in not more than
five words the party, which such con-
vention or committee represents. 1t
shall be signed by the presiding officer
and secretary Of such convention or
committee, who shall add to their sig
natures their respective places of resi-
dence and post office addresses, and
make oath, before an officer qualified
to administer the same. that the atii-
ants were such officers of such conven-
tion or committee, and that said GER
tificates and the statements therein
contained are true to the best of their
knowledge and belief
'ln section $40, Revised States, relat- |
ing to the emblem or design it is pro-
vided: 1T shall be lawful to designate
the political party or group of petit
tions as the case may be by an appro-
PIRATE emblem or design, such as flag,
eagle, rooster or other device, as may
be set forth in the certificate of nomi-
nation provided that no two sets of
shall use or have the
same device, and that such political
party or group of petitioners shall
have the prior right to use the device
used by 1t at the last similar election
Each list Of candidates for the several
parties and groups of petitioners shall
be called ticket and be placed in
separate column on the bollot in such
rider as the authorities charged
With the printing of the ballots shall
iecide. The columns containing the
list OF candidates, including the party
lame aud device. shall be separated by
leavy parallel lines.
''under these provisions | think it
learly appears that the duty of the
ounty clerk, in making up the tickets
nd getting the same printed is purely
and he has only to follow
he certificates OF nominations made to
i'm by the secretary of state, or filed
With him by the presiding officer and
ecretary of convention held by a I
olitical party OF his county, or some
esser political division; that II the GER
ificate transmitted TO him by the sec
etary OF state fails TO recite the
doption or designation of n party EN- I
lem or sign, he would have no :
uthority, In law, To place any emblem
r sign at the top OF said ticket. ,
Nor would such defect be cured, in
iy judgment, by the recent fling of !
ew certificate covering that point |
nd, In no event, would the clerk be
astified lie placing an emblem adopted
y y county convention at the head of !