Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-08-11
HIGHER COURT
APPROVES FUSION
Decision OF Third District Judge
In Favor Of Councilman
Hodgson Sustained.
INTENT OF LAW IS DEFINED
Convention May Nominate Any Per-
son II Wishes---'AmcriCan" Chair
man Says Party VIII Run Three.

The supreme court of the state has
handed down decision affirming the
Judgment of the Third district court
III the cas- of Alden T.. Payne appel
liant, against Oliver Hodsson, deciding
that Hodgson was legally elected coun-
Gilman from the First precinct as the
fusion candidate of the Republican and
Democratic parties Of that precinct
The opinion was written by Justice
Frick and concurred in by chief jus
ltce McCalty and associate Justice
Straup.
The case was carried to the supreme
court by Payne, who was the nominee
of the american" party for the Fourth
ward. He filed written objections with
the city recorder against the placing
of the name of oliver HOdgson, the
Democratic nominee, on the ofhciai
ballot of the Republican party on the
ground that such action would con-
stitute fraud upon the voters and can
didates. The name was placed on both
tickets. however. and the case was de-
cided against Payne in the district
court. and was carried to the court
above.
The opinion states that the statute
provides that the person who received a
plurality of votes shall be declared
elected. and that Hodgson was legally
declared elected by the board of can
vasseIs The court states, however
that in its opinion any proceedings re-
garding the legality Of the nomination
should be decided in the courts before
the election, for the reason that after
the election the voters have only 1vtti-
Ned the action of the conventions or
committees.
INTENT OF LAW.
The opinion goes on to say that II
is the spirit and purpose of the law
that each convention can represent put
one political party and In order 10
make legal nominations must repres-
ent particular party and not COM
blne with some other party, NOR is II
the purpose OF the law the opinion
continues ito permit one political
party TO nominate more than one Inst
of candidates under it's party name or
emblem, nor to join it's name with an
other political party so as TO nominate
a list OF candidates or to nominate the
same or another list of candidates un-
der its name when joined or connected
with some other political party we
must not lose sight OF the fact that IL
Is the convention only that must rep
lied assemblage OF voters or delegates
representing a political party" Such
a convention, as a matter OF inheren,
right. may nominate any qualified cleo
tor regardless of it's political faith or
creed, or may certify his nomination
We know of no law which prevents
such a convention from nominating any
person, whether qualified to hold office
or not The law only prescribos th'
qualification Of electors and officers
and not of candidates. The law does
not concern itself with respect to the
political faith of those who are chosen
to MI the offices If they possess the
legal qualifications and are duly elect
ed, the law protects them In their
right to discharge the duties and in
the enjoyment of the emouments OF
the office. regardless of their political
affiliations"
The fact that Hodgson was not NOM
mated by the Republican convention
but was placed on the ticket by action
of committee representing the con
vention, the opinion holds as making
no difference.
on this point the opinion says: 9TH,
prime object of the law should he Il
afford 10 the individual voter fail
opportunity to exercise the elective
franchise in accordance with the die
tates of his judgment and conscience
and to protect him In this right.
WILL HAVE THREE TICKETS.
J. r. McGlnty. chairman of th'
american" county committee, wheI
asked for a statement on the opinion
replied that while he had not read tbs
opinion carefully, yet he had antici
mated that the decision would be made
as il was 1--WE expected 1t to g
against u.s." said Mr.. McGinty, "anC
we are glad it did. There is no douh
in my mind that the American part!
will place at least two, and perhaps
three. tickets in the field this fall tw'
of them will be endorsing Taft cleo
tors and Bryan electors. and on
straight state and county ticket with
out electors | am not saying this Of
ficially. as I have not advised will
our committees yet but In my opin
ion, that is what viii be done
l.. r. Martlneau, chairman of tn
Democratic. state committee, whel
asked for an opinion, stated that III
had not read the decision and wa
not prepared to make statement 70
that reason.
Chairman Spry of the state Ro
publican committee, was not IN nj
office, and County Chairman j, I
Tldredge. ,Ir., was out of town, hene
statement could not be had from