Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-10-22
WHERE ARGUMENT RESTS.

w II 49, . -
Both parties agree that the deterni-
nation OF the matter mainly depends
upon the question as to whether nom
inec who has been nominated by ING
political parties for the Same office. or
by one political party and by voters
by certificate of nomination. as mere
shown by, the petition. may decline TIE
nomination of one without also de
clnine the other. That the three nom
inees for presidential electors have. in
unmistakable terms. declined the nom.
nation made by the voters OF the TAFT
Liberal ticket and have not declined
but have accepted the nomination made
by the Republican party Is unques-
toned. What the REALTORS assert IS
that the nominees could not decline the
one without also declining the other;
that a nominee. to cffectually decline
no,piii;tion. must decline the office
ror which he is nominated; and. mas
much as the presidential electors de-
clined the nomination made BY the
voters of the Taft-IIiberal ticket and
did not decline that made by the Ike
publican party, the notiheat' '..a ','t.i ~ :,
| them with the secretary of state IS, IN
| effect, no declination The statute on
| The subject. being section S33, {. L.
| 1907. reads ms follows;
| .'Whenever any person nominated for
| public office, as in this chapter proVid-
| ed shall not less than twelve days PC
| fore the daysof election. IL he shall have
| been nomina ted as provided in section
| So, or not less than ten days before
\ the day OF election. If he shall have
| been nominated as provided IN sectloil
1 sos notify the officer with whom tfa
| original certificate of his nomination
/ was filed, in writing signed by him ana
duly Acknowledgement tnat ne su a ha I.aia
| sucl, nomination, the same shaii be VOID
| aud his name r',ail not he printed upon
| the ballots. The officer 10 whom sucii
\ notification is given shall forthwith IN
| form. by mail or otherwise, one OF
more persons whose names are at.
tacled to the original certii,cate Q,
| nomination that such nomination has
| been declined.
CASES IN COURT.
section So therein referred to provides
| for nomination by convention or COLI
| mittee: section S25 by ccrtitlcate Q.
i nomination as made by the -relators ana
/ those who signed with them. rue cues cues,
| tion HINGES mainly on the phrase that
i he declines such nomination, the same
/, shall b., void and his name shall not
be nrinted upon the ballots. 1t IS
| anrarent that this phrase cannot be
construed literally without doing Nio-
! lence to the true meaning. oil the
! statute. That is to say, It cannot pc
i Sa1u IilIl beCt1tsst e-.''sS.'i'iS''
/ nominated for public office and mas de.
cliped such nomination.. when he =
again nominated for public office to De
/ voted for at the same election. ms
name cannot be printed on the ballots.
/ For instance. SUPPOSE Is nom
/ mated for district judge In conNenlioii
j N. nv COMMITTEES OF q political party
| 4 certificate Of his nomination duiy
fled and he thereafter. IS by law pro
i ,.ided notifies the proper officer that
/ he declines such nominations: tildt
/ iI,erea fter he#is nominated by the same
nolitical marty in convention or by corr com
/ mittee FOR the office OF justice OF tne
! supreme court to be voted Tor at the
A same election. no one would serlousis
contend that because he declined the
4 ,onIination of district Judge MS name
4 shall not BE printed on the olIicial pa l.
\ lot as the nominee of the party nolnl-
4 hating him for Justice OF he supreme EN-
4 court. It. however, may pc sain tt'ae
= ,,,h illustration pertains to dtHerent
i White offices Quite true. NeHertheie,ss
,,nb instance illustrates that the
. statute cannot receive literal con-
str,,.tion without destroying It's true
meaning.
AN EXAMPLE.
pnf suppost again that 4" should
n be nominated for state auuitor on w, ,s
Rennblican ticket and on the SIXTEEN
4 ,,ay before the election ttfat being INC ile
saIi;est day on which a certificat e may
IL fled q certificate of his honiiha-