Daily capital journal. (Salem, Or.) 1896-1899, 1898-04-25
HeWitt's Decision.
Uphods Demand Of the Middle
Roader Pops.
That Their Candidates Be Recognized a:
the Peoples Party Ticket.

Judge Hewitt has ordered Secretary
Klncaid to put the middle of the
roader state ticket dominated by six
teen boiling delegates) on the Aus
tralian ballot as the regular Peoples
party ticket.
THE CASE PRESENT ED.
In the mandamus suit brought be.
fore Judge Hewitt to require the Sec
retary of state to place the names of
the Middle Roader Populist nominees
on the state ticket as Peoples Party
nominees, the defendant fleo his
answer TO the complaint alleging
that he bad already so filed the names,
but was not required to put them on
the ticket in that form, claiming the
nominations we're not legally made
The attorney for Plaintiff Sears,
nominee for state treasurer, in whose
name the suit is brought, moYed to
strike out all that part of the answer
relating to the action OF delegates in
the nominating convention, claiming
the secretary of state has no author
ity to go beyond the certificate of
nomination. The question was
argued and submitted and taken un-
der advisement.
MOTIONS AND COUNSEL.
In plaintiff (Sears) motion to strike
out portions of defendants answer,
the court sustained the motion as to
he first, second, third, fifth, sixth,
seventh, eighth, ninth, tenth and
thirteen subdivisions of the said
lotion and the said partition Of the
said answer are stricken from the
answer am tue said motion was over
ruled in all other respects
The motion and cause was argued
before Judge Hewitt at Albany, Sat-
urday, A. w. Prescott of this city,
appearing for Mr.. Sears. Secretary of
State II. II. Kinciad was represented
by Seneca Smith, w. h. Bilyeu and
Ii. G. Watson. The court heard the
arguments and took case under ad-
visement until today when the fol-
lowing decision was rendered:
HEwITT'S DECISION.
"Now on this 23rd day Of April
1898 this cause coming on to be heard
on the plaintiffs further and sep
crate answer, the plaintiff appearing
by his attorney A. w. Prescott and
the defendant appearing by his At
torneys Seneca Smith, w. r. Bilyeu,
and ii. G.. Watson, after hearing the
argument of counsel.
ut is ordered, adjudged and de-
creed that the said demurrer be and
the same is hereby sustained and the
defendant not desiring TO plead
further.
at is ordered, adjudged and de-
creed that peremptory writ OF man
damus issue herein directed to the
defendant herein. Harrison K. Kin
caid. secretary OF the state OF the
state Of Oregon, commanding him
that after having received and filed
the certitication of nomination of the
plaintiff herein as the Peoples Party
nominee for the Office of treasurer Of
the state of Oregon and the plaintiffs
acceptance thereof as alleged in the
defendants answer herein, to certify
the same within the time prescribed
by law, under the seal Of the state of
Oregon. and file the same in his Office
and that he make and transmit a du-
plicate thereof by registered letter to
the county clerks OF each county in
the state OF Oregon within the time
required by law and that he post a
duplicate thereof Immediately in a
conspicuous place in his Office and
keep the same so posted until after
the election TO be held on the 9th day
of June 1898, and in general that he
do all things required Of him by stat
utes OF the state Of Oregon and neces-
sary to place the plaintitf before the
voters Of the state Of Oregon at the
said election as candidate for the
office of state treasurer OF the state
Of Oregon,
"And it Is further ordered adjudged
and decreed that the plaintiff have
and recover judgment against the de-
fendant herein for his costs and dis.
bursements herein taxed at 8 and
that execution issue for the same.
III. Ill. HEWITT,
Judge.