The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-10-28
T0
De OVERLOOKED
Fusion Ticket Is TO Be Filed
Despite Apparent Ii.
regularitics.
ASSISTANT CITY ATTORNEY
RENDERS AN OPINION
Matter Passed Up to City Re.
corder, Who Will Certify
Nominations.

American party candidates do No,
desire TO take any advantage of tech.
nicalitics that might render portion
of the so,callcd fusion ticket inyal;a
This has been decided by a unapimou,
vote of the American candidates. and
although the assistant city attorney has
rendered an opinion which would
Justify INC city recorder in refusing IA
place he names of number of fus;o0
candidates upon the official ballot fb,
names VIII 90 upon the list aud no
question as TO irrcgulaIiiy will be
raised.
Wednesday afternoon Assistant citv
Attorney L. j. DAILY submitted 10 Civ
Recorder j. B. Morcion an opinion r..
spectiug the legality Of the papers Sled
by the several political parties of tbc
city in connection with their tickotS
The irregularity, or alleged Irrcgulari,y
in The filing of certain councilnsuie
nominations, has caused considerable
comment within the past few DAYS, and
the matter was finally passed up TO The
Office OF tho city attorney for au opinion
as TO what the city recorder should do
in the matter of excluding from the of.
fetal ballot, irregularly certified nom,
nations After setting out the var.
ious facts in connection with the ccrtifl.
cations. the opinion says;
Mr.. Daly's Opinion.
As 10 the certificates Of nomination Of
the American and Socialist councilmanlc
tickets. they appear upon their facp 10
bc regular in form and IN apparent con-
! formity TO the statute.
IL is apparent from the above state
mcnt Of facts, rs shown by the different
certificates of nomination regularly fled
! with the city recorder and those at
! tempted 10 bc filed. and those left with
said officer. that Frank j. Hewlett X
the regularly certified Republican nomI-
noe Tor the fouryear term Tor the Of
! nce of city ouucllman from the F1r3
municipal ward, aud icrcGulary certified
! for the same office by the Democratic
party OF said ward That Joseph S
| Hyde is tho regularly certified nonInes .
as city councilman OF both the Bepubl-
can and Democratic parties OF said ward
That John a. lGkmau is The regularly
certified Republican nominee for the Of
fce Of city councilman for the four-yssr
term for the Second municipal ward. and
the irrcgularly certified pemocrauc
nominee for the same Office. That
George L. BurbIdgc is the lrIeglarly cer-
tined Democratic nominee for tho of0ce
OF CITY councilman for the two-year tenn
from the Second ward. and w u. YIgE
Is the regularly certified Republican nom.
ine. for ih,. latter office in said ward.
That John Holley is tho regularly GER
tificd Democratic nominee for the othet
Of city councilman for the four,year term
from the Third municipal ward. and The ?
irrcETlarly certified Republican NOMINEE
for the same office. That Charles u
Lees is the irresularly certified Repub-
lean nominee for the oIhce of city coun1
Gilman for the twn-year term from ee
Third municipal ward, and the regularly
same office.
That Joseph kimban is the iussu.
larIy certified Republican noniinee toI ss
office Of city councilman for The -four.
wear term from the Fourth municipal
ward, and. subject To technical obtcctions
Is the regularly certified DemocIaus
nominee for the same office. That WI.
liam T. Akin is the regularly Certified
Republican nominee for the office OF clJ
councilman for the two-Near term Moa
the Fourth municipal ward, and Willaa
t Akin and William j. Akin are U
regularly certified Dcmocratic honilns''
Cor the same othce.
Same Old Story.
That John NJ. Knight Is the irresulaf.
IN certified Republican nominee tor ~ ~,
, office OF city councilman from the fHu
, municipal ward for the four year nfns
+ and tie regularly certified DemocreeSH eH
nominee for the same Office lnat en,
, bert + Pfoutz is the regularly ceItD,a,
/, Republican nominee for the Office oil es 4
councilman for the short term from d, ,
; Fifth municipal ward. and that MoNs
, WarYum is the irregularly certihel De~,
, ocratic nominee for the same oince.
Section S33 OF the Compiled Law, y
Utah 1901 as amended provides I.'
"a nominee shall notify the oIhcct Sia
/ whom the original ceruhcatc OF noip.r hsr
ton was filed. in writing, signed oy uI'
. self. and duly acknowledge. that he y.
S clineS such nomination, "hen 'ne co.
shall be void: Liza III,
} vacancies were filled before the rrsenS
tions or declinations became legally e
2 fcctiVe under this statute. ,s,,~
= The action of the committees IN no%ns
meetings on Sunday TO cure te srusrs go
! tiv. defects in the certificates OF no.Js
, nation, and the afhdavits before nolsllJ
\ public: on Sunday. and the a'Umrs
T. hling or leaving with the CITY recv." s'r
said certificates Of nomination ,ou,csrs on
day is not only void. but a misae'''S'
under the laws of this state
. Bv decisions of courts In cases sni
] gous TO the ono under consldeI9ti,Von,il,~ n
G is held that certificates OF nold noma1s ss.
S should haze been fled on the secohu = M
e urday before election. In the oos,. cas- p,s
! Cowic vs. Means. cited in the sn,s seu, ,|
= Rep. at page $50, case ans'T5s, ,5sa s,asI
this one, the supreme court oi 'iSsrliti|
I OF Colorado constrnes statue S uI bols
y with the statute of this state, ana d. ~ e.
= Chat certificates OF nomination W '9,i ~
4 cancies shall he presenter iol o ~ sori
i the Office of the city recorder o. aliu durlsf/
c b,D business hours. upon the second sa.S; saw
day before election. or some uInc pS'
= Gus thereto M ,ars VA
: AS to the action you VIII en- ,sa olr|
{ reference to the exclusion from Vic Vic g
: cial ballot OF the various hteeuia1,o - VI
titled nominees above rofcrIeu )" 81
), offer To suggestion, but con,.r COW, rs fl/
- selves with statement OF via wiz ,bc lsu|
: from the papers submitted una u,e ur,Sespf:<|
OF this and other states, Tefnn ,TY
a Assistant City At'o!n''
!, II was announced from me ~ Al
u corder' Office, after the receips nsstc|
4 opinion that the names m "baIls|
: : would De placed upon the Official Iralo 9a
4 which order was given 10 me Ms
e by Mr. Morcton Wednesday cVep'-' N
Stugneil, the GunsniM' M
8 High grade repairing. 429 42>| %, -