The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1908-10-01

Is1
The supreme couft ~ nhaui-
tmons decision Of al the judges dIar'
missed the Dubois suit for writ q
li date against Secretary Lans~
~ end ordered that the anti Du-
n or Alexander ticket, iormer-
fly Fled by the secretary Of state be
lcerti6ed to the various county au-
lditors to be placed upon the official
ballot as the regular democratic
tieket Of Idaho and assessed the
costs of the case against the plant
| ID 10 the action.
The decision of the court is based
UPON the primary law of this state,
! which the court holds is manda-
tory and that delegates regularly
elected under that Law have le-
fal right to participate in the pro-
Eceedings of the convention and
that the state committee. the con-
yention itself, or the national con-
vention cannot deprive them
Iof that right. The court holds
That the state committee illegally
deprived Ada, Fremont, Bear
/ Lake and Oneida counties with
49 votes from participating in the
convention and also illegally per-
mi,ted Fremont, Bear Lake and
| Oneida counties contesting dele
cations and the illegally elected
delegates from Bonner county
| with % votes to sit and partici-
pate in the convention with Is
| more votes. making total differ
j ence in his favor of " votes.
i The court also holds that tue
ttMcCIear convention which nom-
tinated Alexander for governor
tand Stockslager for senator had
f155 l-5 legal delegates while the
'IDubois convention presided over
by Mckinley which nominated
Whitwell for governor and Judge
fWoods fer senator, had only l2s
LIS legally elected delegates
The court holds that the primary
election law enacted in 1903 is
mandatory, and that every right
conferred upon voter IS a legal
fright which may be protected,
: defended and enforced by appro-
; pirate methods in the court OF thi:
: state.
i That courts will not undertake
to control the internal affairs
$ of a political party, unless tn
same encroaches upon, violate'
or contravenes the law.
In determining factional dispute
h in a political organization and tn
legality of party primaries and con
+ yentions, the court will go as ia
e as the law goes. and protect al
legal rights conferred by law upo1
all presons participating therein
! In contest between two FAC
,e tions of political party as
rt which is the regular organizatio
3 entitled to represent the party, tn
:. court will look to the law, and
the matter is regulated by law, III
respective rights of the factor
will be determined by law. l
however, there is no law govern
d. ing the rights of the contesting ta
TT tions, the same will be relegate
er to the party forum. A party
C. state convention is not to be 81
or perior to the laws of the stat
re and neither can make rules an
a regulations in violations OF Il
as law, or confer rights or privilege
I'D upon persons not elected accordir
sh to law or deny rights and PRIV
to leges to persons elected accordlr
e to law.
I. The primary election law
ce this state provides two metho
ci- of electing delegates to sta
he convention: First, by a dire
vote at such primary for such de-
gates to a state convention; secon
by convention composed OF d'
on egates elected at a primary he
an under the law; and delegates cam
In be legally elected-to state conve
k, tion in any other manner than
Sc directed bv this statute. A mi
led ority of legal delegates elected tt
20 state convention cannot combi
ler with illegal delegates. and thel
he by constitute such legal mlnorl
90 a legal majority, and thereby &c
,rk ern and control the convention a
es- deny the right to sit and parti
rst pate therein to delegates elect
according to law.
oit A majority of the legal dele9a
We elected to state Convention unt
ce. the primary election law OF t
ind state has the power and author