Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1908-12-14
is HAY Ineligible?
LIEUTENANT governor ELECT
VIOLATED PRIMARY Law.
In His Affidavit of Election Expenses,
Hay Admits Paying ThirteenNewS-
papers s I ,<56.65 for ADVERTISING.
ChehaliS County Officers Elect Nav
be Found in Same Position.

TACOMA, Dec. I'm T.. Hay is
ineligible for lieutenant-governor,
the office for which he has been a
candidate and the office which it
has been anticipated the Legislature
would certify him next January.
In an affidavit filed with the Sec
retary of state he admits that he
has paid more than half a dozen
newspapers for carrying his advertis-
ing matter as a candidate for the
Republican nomination and it is an
open secret that Hay was a whole
sale dealer in newspaper publicity.
Under section of the primary act
any person who directly or indirect
ly pays for newspaper publicity is
disqualified for holding the public
office to which he aspires.
George T. Reid, member of the
last House and now Western coun-
sci for the Northern Pacific, is the
man who drafted this section and
Reid has given an opinion to close
personal friends that it was intend
ed to cover just such cases as that
of Hays.
Were Reid pressed for an inter-
view on the subject he would dodge
it. But it is a we'll known fact
among attorneys here that the man
who drew that section of the prim-
ary law regards Hay as disquali-
fled candidate and as Reid is one of
the best constitutional attorneys in
this state his opinion is bound to
carry tremendous weight.
If Hay is disqualified for the po-
sition of lieutenant-governor, c. e.
Coon, of Port Townsend, now re-
covering from an operation performed
upon him in a Seattle hospital, will
stay in the position. 1t is reliably
reported that Coon will not insist
upon exercising the prerogatives of
the lieutenant-governor's office If
Hays seat is contested, up to the
time the supreme court settles that
question. If fight is precipitated,
Coon will merely protect his rights
and permit the state senate through
its president pro tenn. to proceed with
work without Intervention.
There is nice constitutional
question involved in the gubernat-
orial succession that lends interest
to Hays admission that he violat-
ed the direct primary act. It is the
question as to whether or not Mead
will hold over as governor in the
event that Cosgrove, though living,
is unable to come to this state and
take his seat as governor. It is
an open secret that Mead's advisers
have told him that he will hold
over until Cosgrove arrives. But
some of the best constitutional law
yers in the state have asserted that
the fact that Cosgrove is alive when
declared elected governor, will va
cate the office, insofar as Mead is
concerned, and would make a lieut.
enant-governor eligible to succession
II Cosgrove fails to return. Accord
ing to the state constitution, the
secretary of state succeeds after a
acknowledgements. This situation
adds to the interest aroused by the
discovery that Hay has admitted his
disqualification.
The section Of the primary act
that appears to debar Hay reads:
"No person shall be competent to
qualify for any public office who
shall have. prior to the holding Of
any primary election, paid, or prom
ised or agreed to pay, either direct
ly or through another or in any
manner whatsoever, to the owner,
publisher, manager or representative
Of any newspaper, any sum of money
or other thing of value, for any ar
ticle or published statement in such
newspaper, wherein the electors are
advised or counseled to vote for such
candidate, or his fitness or qualifi-
cations for office are set forth, or
his photograph or biography is pub
lished."
In Hays affidavit he specifies that
he spent money to keep number
of political workers In the field and
did other things that might be call
ed into controversy. If suit is brought
to prevent Hays taking his seat, all
of these facts are apt to be set forth.
The Herald twice Q week tells Il all