Washington State journal and Adams County news. [volume] (Ritzville, Wash.) 1906-1907, 1906-10-24
DECISION OF ATTORNEY GENERAL
In the Perkins Case Where He fvades Answering
Questions ASKED.

On October 10Th, 1906, j. H. Perkins
filed with the County Auditor copy of
his teachers certificate together with
an affidavit stating that he has taught
in the schools of the state one school
year of nine months, but said documents
We're not filed 20 days before the day
on which the election is to be held,
towit twenty days before November
9th, 1906.
The Democratic party relying on
BalliEger's Code. section 1859, filed on
October Goth, 1906, Il certificate signed
by the Chairman and Secretary of
Democratic County Central Committee
stating: O That Il vacancy exists on
the Democratic County Ticket and that
said vacancy was caused by the mop
erative and insufficient character of
the certificate of nomination heretofore
/ filed as far as the same affects the
candidate for the office of Superin-
tendent of Schools for the reason that
J. Fl. Perkins did not file twenty days
before the election proof of having
taught one school year of nine months
in the state of Washington together
with copy of the teachers certificate
as required by law. (2) That the Cen
tral Committee has power to fill
vacancies. (3) That the Committee
named j. H. Perkins as substitute
for the same j. H. Perkins who had
been nominated in the Democratic con-
ventiOn.
On October Goth, 1906, in the Super
ior Court Judge w. T. Warren signed
an Alternative Writ of Mandate COM
manding the County Auditor to place
upon the official ballot Immediately the
name of J. H. Perkins as the demo-
cratic nominee for School Superin-
tendent, or appear in court on Novem-
ber End, 1906, and show cause why he
should not be required so to do.
The County Auditor submitted the
following questions to the Attorney
/ General:
Q) Was the Auditor justified under
the circumstances when he relied on
section 1908 of Ballenger's Code and
refused to place on the official ballot
the name of J. H. Perkins as candid
ate for the Office of Superintendent of
Schools, the said J. H. Perkins having
failed to file with the County Auditor
twenty days before on which the election
is held IA copy of his teachers certificate
together with proof of having taught
in the schools of the state one school
year of niae monans? -
(2) IL sthe County Auditor should
order the name of j. II. Perkins to be
printed on the official ballot and thus
wholly disregard section 1908 of Bal
linger's Code, would it invaidate the
election in any way or furnish sufficient
ground for contest?
(3 Does the fact that j. II. Per-
kns did on the 18th day Of October,
1906, file copy of his teachers Ger
tificate together with proof of having
! taught in the schools of the county one
school year Of nine months have any
bearing on the matter whatever?
(4) Under the circumstances can
he rely upon section 1859 of Ballinger's S
Code and maintain that the original
certificate of nomination has become
imperative and insufficient from any
cause?
(5) Did vacancy exist on the
Democratic ticket for the office of
Superintendent of Schools twenty days
before election when the said J. H.
Perkins failed to file with the County
Auditor copy Of his teachers certif-
cate together with proof of having
taught in the schools of the state one
school year of nine months?
I (6) If a vacancy did exist twenty
days before election is it the intent of
section 1859 of Ballinger's Code that
the County Central Committee shall
be allowed to certify over again the
( ildHle VI TIE sdHie CdIuiudle!
ca The writ of mandate compels
the Auditor to place the name of J. H.
Perkins on the ballot to show cause
why he should not do so while section
1908 of Ballinger's Code expressly for
bids him placing the name thereon,
under the circumstances what should
the Auditor do?
ATTORNEY GENERALS s ANSWER.
Hon. C. E. AMsBAUGH,
County Auditor,
Dear Sir:-Yours of October 10,
1906, inclosing statement of facts, re-
ceived. The facts as we understand
them, are as follows:
That on October 10th, 1906, the Dem
ocratic party filed certificate signed
by the Chairman and Secretary of
Democratic County Central Committee
stating: Q) That vacancy exists on
the Democratic County Ticket and that
said vacancy was caused by the inop-
erative and insufficient character OF
nomination heretofore filed as far as
the same affects the candidate for the
off # Superintendent of Schools foi
the reason that j. H. Perkins did moi
file fventy days before the electior