The Colorado statesman., 1908-11-14
COURT UPH0LDS
BALLOT ORDER
HIGHEST COLORADO TRIBUNAL
CONFIRMS DECISION OF SEC
RETARY OF STATE.
In REJECTING TICKETS
JUSTICES STEELE AND BAILEY
DISSENT FROM OPINION BY
JUSTICE GABeERT.

Denver.-The formal opinion of the
Supreme Court in the prediction case
involving the validity of the "Anti
Guggenheim" and Business" tickets
was announced Wednesday. 1t sup
ports the order made before the elec-
ton in which the court sustained Timo-
thy O'Connor secretary of state, in his
refusal to place these tickets on the
official ballot; reviews a history OF
the two cases in which the points were
sons why the action was taken The
opinion was written by Justice Cab
bert, and in conclusion it recites:
TO briefly recapitulate, the princi-
ral questions determined, as presented
by the record are:
First, that nominees named by GER
t:ficates of the individuals do not be
come such unless they accept the nom
ination SO rendered.
None of the nominees for presiden-
tial electors congress or state offices
accepted therefore the persons named
by respondents as candidates for the
above offices could not appear upon the
official ballot under the names selected
for the respective tickets involved.
Second - That persons having
joined in making a nomination by Ger
tificates as individuals are precluded
from nominating the same nominees in
the same way under another name for
the same office, to be voted for at the
same election.
The testimony establishes without
dispute that the certificates nominating
candidates for the five legislative dis
tricts embracing the city and county of
Denver and for senatorial districts
numbers l and %, under the respective
names selected by respondents con
tanned duplicate names of signers for
the same identical offices in such num-
bers that none of these certificates,
when the duplicate names were elm
mated, contained the requisite number
required by law. therefore these GER
tificates We're invalid.
"Third-That certificates by indi-
viduals making nominations cannot be
amended by the addition of further sig
natures after the time for filing such
certificates with the proper officer has
expired.
The attempt to remedy the defect in
the certificates in question by the ten
der of additional signatures was not
made until after the time for making
nominations by individuals had ex-
pired; consequently those additional
signatures could not be received or CON
sidered.
"Fourth-That persons named as
nominees in certificate by individuals
have no personal interest in such NOM
nations unless they have accepted.
Justices Helm. Goddard and Max
well never accepted the nomination at
tempted to be made by respondents,
therefore they had no more personal
interest therein than any other citizen,
OF than if the certificates had never
been filed"
The opinion was concurred in by
The entire court with the exception of
Chief Justice Steele and Justice Bailey.
Justice Helm, in a separate opinion,
explains the position of himself and
Justices Goddard and Maxwell, all can
ulu"teS lol re-electlCH' Win view OIL
answering the question raised as to
their jurisdiction in determining an ac-
ton, with the result of which they were
so vitally concerned. He said that had
they refrained from sitting in the case
the large vote that would doubtless
have been polled would have been
placed to their credit.
Therefore" he continued, from the
standpoint of the petitioners and un-
der the judgment of the trial court,
our decision was directly inconsistent
and inimical to our own personal inter
ests."