Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1908-06-29
The PRIMARY Law
EXPLAINED BY COUNTY ATTORNEY
OF Pierce COUNTY.
Holds That Candidates for NOmina.
ito" do not Become Legally Such
Until Their Declarations are Filed.
The Natter of Expenses of Candi.
Dates Explained.

County Attorney II. G. Rowland,
or Pierce county, publishes the fol-
lowing explanation of some of the
provisions of the new primary law. in
the Tacoma Ledger:
In my opinion person does not be-
come a candidate for any office until
he has complied with the primary
law. The first requirement for a per-
son who intends to become a candi-
date for office is to file with the conn
ty auditor his declaration of inten-
ton. This he can not do until the
tenth day of July, 1908, and until
such time he cannot be said, in law,
to be candidate for such office. |
have no information that would lead
me to the opinion that any one in
Pierce county has violated the prim-
airy law, either directly or Indirectly.
for l do not know what the various
candidates have done in regard to
employment of newspapers or the
publication of periodicals or in ar
ranging the preliminaries of their
canvass.
In my opinion section 2S of the
direct primary law forbids any per-
son to expend money for any other
purpose than personal expenses.
personal expenses include only ex-
penses directly incurred and paid by
candidate for travelling and not for
purposes properly incidental to trav-
cling, and for writing, printing and
preparing for transmission any let
ters, circular or other publication not
, issued at regular intervals, whereby
he states his position or views upon
public or other questions; for sta
| tlonery and postage, for telegraph,
telephone and public messenger SER
vice and for other similar expenses,
and for the necessary expense of hir-
ing halls or other rooms for the pur-
pose of holding meetings to address
the voters and others upon public
questions and matters relating to his
candidacy Any person who eXpends
money for other purposes than this is
disqualified from holding the office
for which he is a candidate, and any
person who directly or through an
other pays to the owner, publisher,
manager or representative of any
newspaper anything for any article
or published statement in a news
paper wherein the electors are ad-
vised or counseled to vote for a can
didate, or his fitness or qualifications
for office are set forth, or his photo
would disqualify himself from hold
ing such office.
Section 20 of the primary law pro-
videS that it shall be unlawful for the
newspaper editor or other person in
terested in the publication of news
paper to accept or receive any money
or thing of value from any candidate
for, on account of, or as a considera-
tiOn for newspaper or other perOdi-
cal supporting or advocating the cleo
tion or defeat of any candidate at any
primary election. This section fur
ther provides for penalty in the
shape of fine for first violation by
a person interested in a newspaper.
The section further provides, how
ever, that person may publish in a
paper, under the head of paid ad-
vertisement," any article which does
not conflict with section % above
set forth.
In conclusion I would say that at
this time l am unable to state wheth-
er the publication of a mere an
nouncement by a candidate that he
intends to seek the nomination for
a certain office is violation Of the
primary law. l am certainly of the
opinion that the publication of such
an announcement prior to his hav-
ing filed his declaration with the
county auditor would not be viola
tion of the primary law. The spirit
of the law is that candidate will
not be permitted to hire a newspaper
to publish anything other than the
letter, circular or publication includ-
ed under the head Of personal ex-
penses' in section 2S, Nothing in
the act, however, prevents news
paper from voluntarily supporting or
opposing any candidate. The object
of the law Is to, as far as possible,
prevent the use Of money at prim-
ary elections and believe that every
candidate for office should endeavor