The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1908-10-22
SUPREME COURT IS
AGAINST TAFT TICKET
Demurrer of the SmOOtites and
the Federal Bunch Is
Sustained.
THIS CUTS FROM BALLOT
TAFT-LIBERAL ELECTORS
Ruling of the Court Is Unani-
nous; Justice Straup Acting
Chief Justice.

neil
le The Taft electors VIII not 20 on the
lea's, Taft Liberal ticket in Utah. II one
INT q vould vote for Taft he must vote as
oohls Smoot desires or else not vote for his
eo y choice for president,
'spsc This question was settled by the Sill
neut preme court OF Utah on Wednesday,
thsl when the demurrer in the case Of the
al re- State of Utah in relation TO William
o. Barrette. Il, E, Plough and Charles \.
'ecaT Weaver VS.. Charles 5. Tingey, sccre-
IL tary of state. was sustained This de-
at Y murrcr TO the complaint alleged that
- The facts did not Justify the relief
.ul5 asked for, which was an action in man
= damus TO compel Secretary Tingey to
. place the Taft electors upon the Taft
!. : II Liberal ticket.
"a The decision was handed down by
~ ~ Justice Straup. acting chief justice, as
w Judge McCarty was disqualified from
u sitting in the case, he being candl~
~ date for reelection, Judge j. E.
~ - Booth of the Fourth judicial district oc.
va enpied the bench instead Of Justice Nc
q Carty. The opinion was unanimous.
Hzi Real Republicans Barred.
Through this dceiison of the court
" real Republicans, those who wanted to
~ vote straight ticket. are barred from
hegKI doing so. These Republicans made ev
hs cry effort TO secure a straight ticket.
Is dIrctary of state and made every effort
ne1hifo secure a ticket that would permit
asscd them to exercise their right as citizens.
be cu This decision cuts them off.
ded " The intent of the law certainly is to
prov enable the voter 10 exercise his or her
RENTS right of franchise; to make it as easy
tion las possible for them 10 exercise that
ally S1ranchise, but under this decision IT
each tcomphcatCs matters. Voting by
ses- Evoting machine is simple, yet. the aver
was ihge voter is nervous when he or she
and lsteps up TO the machine.
l3. " There is no questioning the motives
r beinof the court, rs the court interprets the
TIE tlaw, but there is question as TO the
undsTlght Of coterie. Of peanut politicians
I'd thfo arrange a ticket that it viii dis
trsdfranchise hundreds of voters from cast.
whniine their votes for president unless
terezifhese voters vote the ticket which the
used i5ederal bunch and Smoot, with the con-
sent Of the Republican national com
e Uu'rittee and the Republican management
assds Chicago and practically Mr.. Taft
npsrtt ,self, arranged. All these Say TO the
alkg Republicans OF Utah, we do not
, tbf your vote unless You vote also
No h Inc Smoot ticket.
Ind nE 1T UP to National Committee,
question Of placing the Taft
n ul upon a ticket which would en-
'rop0 Republican TO vote for Taft was
ass tc the Republican national
HeaAI pent. The federal bunch
Tho n \the national committee, and
n HsH mittee says to Utah Republi-
!, fcI 'e don't want your vote To
tease =, that decree out the federal bunch
opsii4and Apostle Smoot took the matter TO
Nav the courts.
- st a similar question Of placing BRYAN
) ;s Stlectors upon q ticket which would en-
anss' able a Democrat to vote for Bryan was
,,eon,jput up TO the Democratic national man.
and ngement. That committee was out aft,
,os Der all the votes it could get and n
. .e e,eI1 Bryan national ticket. is in the field
in Utah
witha Opinion by Justice Straup.
is The opinion of the court was an
actie,nounced while counsel for both sides
OF iisperc absent, although while the acting
aat,fhief justice was reading the ruling
builcappe Of counsel for the defense. in tho
'mpls person of Carl Badger, came into the
the In sustaining the demurrer, OF course,
ction Noes not bar further proceedings, but
third i is not al all likely that any further
o tho yteps regarding the placing of Taft
,ectors on The ticket will be taken. In
WslAnnouncing the ruling of the court
!. NNActing Chief Justice Straup said;
d S....i In considering the question involved in
estS"his case we have only had sufficient
r. lrne TO enable us In arriving at a CON
- lusion; We have not had sufficient time
At o express our views and to state our
AL eoSona Tor the conclusions reached by us
rafpN writing What we nov .say is a mere
Il MhlFal opinion. In order 10 Indicate 10 coun-
81 the polut or points upon which the
.rng made by us is based. Some time
Colon tho future We shall prepare and nIa
- Thr written opinion. wherein VIII bc more
as' 0 e., eily EXPRESSED our views ana wherein
. Thsiiiy stated
), cIas Ruling OF the Court
is II qq&s ,5s & to &q9psq5 o BY The st0aayt
ovemeis lafayette IIolbrook and Henry Cohn were
zoo ros5nly nominated by convention OF Tic
'oS ycpuolican party presidential electors
be voted for at the election to be hold
- b:1ovemher :, 1908: that the can1jdatas ~
om poh Republican party for president and
sidei'- foe"pTesident are William II. Taft' and
,r reserPmes S, Sherman; that a certificate wa .
., &c :, II Nly hled with the secretary OF state
fncc y powing such persons to be the nominees
the Republican party Tor such presI-
- ental electors, that the REALTORS tosetb-
,EOPI Tn rc5d9s GS apn Rs5 ave be hundred otter
III Thung themselves the siguers or In,
\EN paft-Liberal ticket. signed a certiGcaio
nomination IN writing for the nomina
son Of said Sevy Holbrook and Com
iilway flpr presidential electors and other ner
suit o. ot1pns for other public Offices also ta ho
,s io' = pted Tor on said 3rd day OF November
caIn ca, ,t+ne petition contains sufficient averrncnts
Wess ,5+lo"lTg that such nominations wnrs
I. lasL cnade by such voters otherwise than s.,
st GU fohventlon or committee. and MS provides
nssISnfE sectlcn $50 or the Compiled I.aws n,
oI Ia ti, ~, lsp' and that certificate OF such
divis" sfomlnatlon was filed with the rccretory
wees,,T ,.s ssate. as by law provided
the ntudnvit in SUha;ance recitcs TIM,
80, one but that two separate and Jie
" sav, 'u9Ui,iiIatonG were made OF the saic
,,ea ssssy. Hclbrook and Cohn as prasidcntjn
cry. p'''i''"'' parry IL
Continued on Page Two.