The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-10-22
COURT SUSTAIMS
CONTENTION OF
TAFT ELECTORS
Continued from PAGE l.


names of the candidates in more than
one place.
The text Of the decision is given be-
low:
Statement of Facts.
II is made to appear by the affidavit
OF ore of the REALTORS that Thomas Sevy
Lafayette Holbrook and Henry COIN
of the Republican party as presidential
electors to be voted for al the election
20 be held Nov 3. 1909. that the candi-
dates OF such Republican party for pres
ident and vice president are William H
Taft and James 5. sherman; that a GER
tificate was duly filed with the secre-
tary Of state showing such persons to
be the nominees Of the Republican party
for such presidential electors: that the
realtors. together with more than 800
other voters residing within the state
designating themselves as the signers of
the 'Taft-Liberal ticket" signed a GER
fificate % nomination in writing for the
nomination OF said SeVy, HOlbrOOk and
Cohn for presidential electors and other
persons for other public offices, also to
be voted for on the said third day of No
Vember. The petition contains sufficient
averments showing that such nomina-
tons were made Dy such voters other
wise than by convention or committee,
and as provided by Section SIS of the
Compiled Laws of Utah, 1907, and that
"A certificate of such nomination was filed
with the secretary Of state as by Law
provided. The affidavit in substance re
cites that not one, but that two separate
and distinct nominations were made of
the said SeVy. Holbrook and COhn as
presidential electors. one by the Repub-
Hcsu party III convention, and one by
more than 500 voters under the name of
the .'Taft-Liberal ticket" and that both
nominations were duly certified to AMI
the certificates filed with the secretary
OF state. 1t is further alleged that, after
the nomination of said electors was made
by the voters of the Taft-Liberal ticket
and the certificate OF sucn nomination
Tile with the secretary of state, the said
Sevy. Holbrook and Cohn attempted TO
decline such nomination on The Taft-Lib-
eral ticket by Notifying the secretary of
state ON the thirteenth day of October,
1903. iT writing, signed by them and duly
acknowledged, in the following language:
Notice of Withdrawal.
Having been nominated by certain
voters residing within the state of Titan
and affilating under the political name
of -Taft-Liberal ticket by a certificate
Of nomination filed in your office Oct
.. 1908 for the office of presidential cleo
tor to vote for president ana vice presi-
dent OF the United States, l hereby no.
tify you that / decline such nomination
ticket: nothing herein contained. how
ever, shall be construed as a declinu-
ton Of my nomination for presidential
electOr to vote for president and vice
president of the United States heretofore
made by the Utah Republican state con
Vcntion on Sept. Is, 1905 which said last
named nomination L hereby expressly ac-
cept."
IL is further alleged that by reason of
such notification the secretary of state
accepted such writing so filed with him
as designations OF the nominations of
said Sevy. HOlbrook and COhn as presi-
dental electors on the Taft-Liberal
ticket and that he refused to certify to
the clerks of the several counties of the
state such nominations as nominees of
the Taft-Liberal ticket. and that such
refusal and threatened action of the see
rotary of state will prevent the names
of such electors from appearing on the
official ballot under the name or title
of the Taft-Liberal ticket, and that the
voters who desire TO vote for electors
VINO will support William II. Taft and
James S. Sherman for president and vice
president. and who do not desire to vote
for other Candidates upon the other Re
publican ticket are thereby deprived of
an easy and a reasonable opportunity
TO vote for such presidential electors.
Upon substantially the foregoing facts
the REALTORS pray that writ of mandate
issue from this court commanding the
secretary of state to certify TO the clerks
of the various counties of the state such
nominations of presidential electors as
made by the voters of the Taft-Liberal
ticket. In order that the names of such
nominees may be placed on the official
ballot under the name or title of the
Taft-Liberal ticket.
To the petition or affidavit so filed
the secretary of state has demurred on
the ground that the facts stated do not
entitle the REALTORS to the relief prayed !
for.
Basis of Contention.
Both parties agree that the determine |
tiOn of the matter mainly depends upon /
the question as to whether a nominee i
who has been nominated by two political 1
parties for the same office, or by one |
political party and by voters by certifi- /
cate of nomination, as here shown by /
the petition. may decline the nomination. !
Of one without also declining the other !
That the three nominees for presidential |
electors have IN unmistakable terms, de |
clined the nomination made by the voters 4
of the Taft-Liberal ticket, and have not |
declined. but have accepted. the nomi- |
nation made by the Republican party. |
is unquestioned- What the REALTORS assert |