The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-08-11
court DECLARES
FUSION IS LEGAL
Americans" Believe Decision
of Supreme Court Permits
Them to Strengthen Ticket
OPINION OF IMPORTANCE
RULING MAY BE FACTOR IN
FALL ELECTION.

The supreme court yesterday declared
that Councilman Hodgson, whose name
appeared on both the Republican and
Democratic tickets at the last city cleo
ton, was legally elected to office. The
American" party lost its contention
Nevertheless the party leaders feel that
they have won q great victory in that
the decision on the question probably
puts them in n position TO put tickets
on the ballot this fall with Republican
and Democratic presidential electors
on them.
The question has been under discus
sion since the city election last fall and
has aroused a great deal of interest be-
cause of the possible effect the decision
would have on the election in Salt Lake
county this fall.
At the Democratic convention of the
First municipal ward last fall Oliver
Hodgson was nominated as candidate
for councilman from that ward. The
Americans" nominated Alden f.. Payne
to oppose him. The Republican candi-
late for this position withdrew and
Hodgson was named by the Republican
central committee to succeed him as
the candidate for the office. By the
combined vote cast for him on the Re
publican and Democratic tickets Hodg-
son was elected by majority of %
votes over Payne.
The American" party for the pur-
pose of deciding whether or not under
the laws of Utah, man may be the
candidate of more than one political
party at the same election, commenced
an action in court TO remove HodSson
from office, alleging that he was not
legally elected demurrer to the
complaint was filed. which was sus-
tained by District Judges Richie and
Lewis. The case was appealed, and
Yesterday the supreme court sustained
the ruling of the lower court.
The opinion of the court was writ
ten by Associate Justice Frick and con-
CURED in by Chief Justice McCarty and
Associate Justice Straup.
Cause of the Suit.
The contention of Payne was that
after the Democrats had named HodS-
son, and the Republican nominee for
the position had withdrawn, the Re-
publican committee representing the
ward convention had no authority 10
substitute a Democrat or any other per
son not affiliated with the Republican
party. For this reason it was contend
ed that he had no right to have his
Republican votes added to the ones he
received on the Democratic ticket.
The court states that the statute pro
vides that the person who received
plurality of the votes shall be declared
elected. and the board of canvaSsers in
doing so in the HodgSon case acted 4e-
gally.
II is also the opinion of the court
that any proceedings regarding the le-
eality of the nomination should be con-
tested in the courts before the election,
because afterwards the voters have in
effect ratified the action of the con-
ventiOns or committees
The questions whether one and the
same person may be nominated by con-
ventions or committees representing
different political parties. and, in the
event this is done. whether the name
of the candidates so nominated may be
placed on the several party tickets, ana
his name likewise placed more than
once on the official ballot. are next dis
cussed.
..It is no doubt the spirit and purpose
OF the law" says the court, that each
convention can represent but one polit-
zeal party. and in order to make legal
nominations must represent n partic-
ular party and not combine with some
other party. Nor is IL the purpose OF
the law to permit one political party
TO nominate more than one list OF can
didates under its party name or en-
Dlem, 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 I'M
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
resent 81 political party or IAN organ
lied assemblage of voters or delegates
representing 4 political party" Such
a convention. as a matter of inherent
right, may nominate any qualified cleo
tor regardless OF his 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 prescribes the
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 fill 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 en-
joyment of the emoluments of the Of
flee, regardless of their political affili-
atoms"
Name on Many Ballots.
In regard to the fact that the Re
Hodgson, but that he was chosen by "A
committee representing the convention,
the court holds that this makes no diff
ference. II is also held that candi-