The Coalville times. [volume] (Coalville, Utah) 1894-1923, 1898-10-28
AGAINST ROOSTER.
DEMOCRATS MAY LOSE THEIR
PARTY EMBLEM.
The state Committee raiied 10 Ihe an
Emblem. aud Attorney General
bishop ~ an Opinion says
they Can tso None


cratic state committee through an
oversight, failed 10 file the party EN-
blcm, which IL described as rooster
In defiant attitude. The Democratic
state convention adopted the rooster
~ an emblem. but the state committee
through an oversight failed TO hle II
with the secretary ~ state, hence that
officer certified the Democratic state
ticket 10 the clerk without an emblem.
State Chairman Moylc Of the Demo
cratic party when the overnight was
discovered. instructed the various
county clerks to certify the rooster a.
the party emblem In the various coun-
ties, which has generally been done.
The contention seems 10 be, however,
that county officers eau not certify 20
n state ticket. hence. n a cross was put
up by the rooster, II would not count
for the state ticket % that party. This
question was raised by the county
attorney OF Garfield county, who asked
Attorncy.Gencral Bishop for an opin.
ION, which was rendered as followsi
"The certificate Of the secretary Of
stato TO the county clerk Of your
county. Ia which he ccrtihcs the names
and description Of the candidates nom
mated by the Democratic state conven'
tion. docs not contain any party en-
blcm.
"Thc certificate 81 nomination, tiled
| by the officers OF the Democratic
county convention Of your county, tlled
soon after said county convention. and
within the time prescribed bylaw, does
not contain any reference TO a party
emblem.
Subsequent 10 the filing 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
vcntion did adopt and designate a
party emblem. II also appears that the
chairman aud secretary ~ the state
Democratic convention In hling the
certificate Of nominations of said con-
ycntion with the secretary Of state,
did not certify that said convention
]
Upon these facts YOU ask ~ be- adj
viscd whether the clcrl, of your county
IN authorized, la law, To place party
emblem, aud have the same printed.
upon the Democratic ticket IN your
county
"Section 500. Revised Statutes. In pro.
viding what the certificate Of nomina.
tlon shall contain, provides among
other things, ~ follows! The certih.
cate Of nomination, which shall be la
writing, shall contain the name Of tho
Office for which each person N uomi.
mated, the name, postoillcc address. II
any, the residence Of each person, aud
N Ia city, the street, number Of resi-.
dcncc, and place OF business, II any,
and shall designate In not more than
| live words the party, which such con.
/ vcntion or committee represents. 10
shall bc sigucd by the presiding officer
aud secretary OF such convention or
/ committee who shall add to their sig
natures their respective places of resi-
dcncc and post oillcc addresses, aud
make oath. before an officer qualified
To administer the same, that the ALI
ants were such oilcCrs OF such convcn.
ton or committee. aud that said Ger.
tincatcs and the statements therein
contained are true, 10 the best Of their
knowledge and belief
In section $40, Revised States, rclat-
Ing 10 the emblem or design II IA pro-
yldcd, 1t shall bc lawful to designate
the political party or group Of petit
lions M the case may bo boy an appro-
pirate emblem or design, such IA u ilag,
eagle, rooster or other device, M may
be set forth In the certificate Of MONT
natloni provided that no two sets Of
nominations shall use or have the
same device, aud that such political
party or group ~ petitioners shall
have the prior right 10 use the device
used by u at the last similar election.
Zach list OF candidates for the several
parties aud groups of petitioners shall
he called ticket aud be- placed la a
separate column on the bollot In such
order as the authorities charged
with the printing OF the ballots shall
decide, The columns containing the
list of candidates, including the party
name aud device, shall be separated by
heavy parallel lines. 4"
Under these provisions | think n
clearly appears that the duty Of the
county clerk, In making up the tickets
aud getting the same printed IA purely
ministerial, and he has only TO follow
the certificates Of nominations made 10
him by the secretary OF state, or filed
with him by the presiding officer and
secretary Of a convention held by a
political party Of his county, or some
lesser political division, that n the Ger
tihcate transmitted to him by the see.
rotary Of state fails 10 recitc the
adoption or designation OF "a party em.
blcm or Sign, he would have no
authority, la law, 10 place any emblem
or Sign az the top OF said ticket
Nor would such defect be cured 10
my judgment, by the recent ding OF a
new certificate covering that point
aud Ia no event, would the clerk be
Justified 10 placing an emblem adopted
by county convention at the head oi
the state ticket, rs that would operate
90 designate tho politics OF candidates
nominated by n convention wholly dit
fcrent from the one from which Ia,
certificate emanated This would be
clearly the exercise OF an authority
not posscd by them"
PASSED THE CENTURY MARK.
Pardo Lueero Dies Ia salinas, Cal, Aged
tsh Nsars.