The Seattle Republican. [volume] (Seattle, Wash.) 1???-1915, 1909-02-12


The object of Section 20 is to prevent
the newspapers named from advocating
for secret hire the election or defeat of
any candidate, but newspapers are au-
thorized to openly sell their space where
the readers are advised of the fact that
the matter used is an advertisement
merely. The last clause of Section 29
makes it clear that candidates them
selves may not advocate their own cleo
ton in newspapers by articles or state
ments which advise voters to vote for
them, or where such articles set out their
qualifications for office. But we think
these sections are not intended to dis
qualify a candidate who merely pub
fishes his picture with the statement
whom the picture represents.
With this construction of the statute
it is unnecessary to consider the other
questions presented. The writ must
therefore be denied.
We concur:
CROW, ].
1 concur for the reason that the stat
ute is so cloudy and its meaning so un-
certain that do not think it would be
just to impose so severe penalty as the
loss of office upon one who might chance
to misinterpret it's provisions.
DUNBAR, J.
l concur for the reasons stated by Mr..
Justice Dunbar
GOSE, ].
I regret my inability to agree with the
conclusion announced by the majority of
the court in this case, and the Importance
of the questions involved calls for, or at
least justifes, a brief statement of the
reasons for my non-concurrence. The
opinions of the majority are based upon
the ground that the direct primary law,
so-called does not prohibit the acts COM
mitted by the respondent, and does not
render him incompetent to qualify for
the office to which he has been elected;
or, more properly speaking perhaps, upon
the ground that the language of the act
is so obscure and cloudy and the penalty
so severe that court should not enforce
the penalty which follows as matter of
course upon it's violation. The only pro-
visions of the act which have any special
bearing upon the question under con-
sideration are Sections % and 20, which
read as follows:
"Sec. 2S. No person shall, in order to
aid or promote his own nomination to a
public office under the provisions of this
act, or any amendment thereto, directly
or indirectly, himself or through another
person, give, pay eXpend or contribute,
or promise to give, pay, expend or con-
tribute any money or other valuable
thing, except for personal expenses. The
words personal expenses as used in
this act, shall include only expenses di-
rectly incurred and paid by candidate
for travelling and for purposes properly
incidental to travelling, and for writing,
printing and preparing for transmission
any letter, circular or other publication
not issued at regular intervals, whereby
he states his position or views upon
public or other questions; for stationery
and postage, for telegraph, telephone and
public messenger service, and for other
similar expenses, and for the necessary
expense of hiring halls or other rooms
for the purpose of holding meetings to
address the voters and others upon pub
lie questions and matters relating to his
candidacy
No person shall be competent to quail
fly for any public office, who shall have,
prior to the holding of any primary cleo
ton, paid, or promised or agreed to pay
either directly or through another or in
any manner whatsoever to the owner,
publisher, manager or representative OF
any newspaper, any sum of money or
other thing of value, for any article or
published statement in newspaper
wherein the electors are advised or
counseled to vote for such candidate or
his fitness or qualifications for office are
set forth, or his photograph or biography
is published.
Sec. 29. 1t shall be unlawful for any
owner, proprietor, editor, manager, Off
Ger, clerk, agent, reporter, or employee
of any newspaper, magazine or periodical
printed or published in this state, to take,
accept, or receive, or agree to take, ac-
cept or receive, for himself or any other
person or persons, firm or corporation
either by himself or any other person,
persons, firm or corporation, any money,
gratuity or other valuable consideration
or article of value for or on account OF
or as a consideration for such newspaper,
magazine or other periodical supporting
or advocating the election or defeat OF
any candidate or candidates at any pr1m-
airy election. Any such owner, proprle-
tor, editor, manager, officer, clerk, agent
reporter or employee of any newspaper,
magazine or other periodical violating
the provisions of this act shall be deemed
guilty of misdemeanor and shall be
fined in any sum not less than $500 and
not more than $4,000 or confined in the
county Jail not, less than 10 days or more
than six months or be punished by both
such fine and Imprisonment: PROVIDED
however Nothing herein shall prevent
any person or persons, firm or corpora
ton engaged in the publication of any
newspaper, magazine or periodical from
receiving for publication and publishing
any matter, article or articles advocating