The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1910-09-30
. AS TO EXPENSE ACCOUNTS
The Attorney General Renders an
Opinion

Boise Statesman, Sept. 16--
In a letter addressed to Count.
Attorney A. H. Mcconnell of Ere
| mont county, Attorney General D
c. McDougal rendered an official opin
ion Thursday afternoon regarding thu
disqualification of candidates To-
county Offices who failed to file theil
expense accounts within 10 days af
ter the primary election, as required
by the direct primary law.
The attorney generals opinion Ii
OF great importance, owing to the
fact that about 40 candidates for
county offices had failed to so COM
ply with the law, and in numerous
instances these candidates had re-
ceived the highest number of votes
and were the nominees of theit
party. 1t appeared that in several
cases the county officers who had
received the nominations, and were
therefore under the law the probe,
officers to place the names of these
particular nominees upon the ballot,
had refused to do SO, on the ground
that failure to file expense account,
within 10 days after election dis
qualified the delinquents instanter.
So far, reports have been received
from six counties in which candidates
thus failed to comply with the law,
ard as many of the delinquents had
received the highest number of votes
serious complications were feared, as
their opponents within their own par
ty in the primary election were press
ing the point and demanding strict
construction of the law, and 1t was
further anticipated that If their
names werealllowed to go on the
ballot, their opponents in the other
party for the general election would
urge that they were disqualified,
thus causing doubt and apprehension
iii the minds of the voters.
1t was also feared that even in
case they might be elected in the gen.
eral election, their opponents might
institute suit and GUST them from
office on grounds of disqualification
III having violated the provision OF
the law relating to filing of expense
accounts.
AS the matter stands, the opinion
Of the attorney general is to the effect
that the name of the candidate re-
ceiving the highest number of votes
for an office should be placed on the
ballot, If he has filed his expense &C
count within a reasonable time, un-
less the proper officer is restrained by
he order of a competent court.
The attorney general clearly indi-
,ates in his opinion, however. that 1t
$ a doubtful point and that the only
settlement of the ques-
ion would be to have 1t settled at
he earliest possible date by the state
supreme court.
The letter of Attorney General Nc
.onnell of Lincoln county is as fol-,
ows:
Replying to your phone message
# to-day concerning the question UNI
Ter the direct primary law arising
IN the failure of successful candidate
Q file his expense account within 10
lays after the primaries, sections rs
md rs of the primary law set out the
aw on this subject fully.
"The evident intention of the legis-
ature was to require the candidates,
vhether successful or not, TO disclose
lnder oath the amount that was ex-
'ended by them in their canvass or
" others in their behalf and with
heir consent. within 10 days.
hink the main purpose of this law is
hat the amount of expenditures be
isclosed SO that 1t may be ascer-
aimed within a reasonable time il
he law has been violated in the will
ul and unlawful and reckless ex-
enditure of money to secure the no
lination of the candidate.
II do not think the legislature in
ended to fix the time of 10 days as a
ard and fast limit. The 10 days
rbitarily fixed could not be Of SO
1uch Importance as to disqualify the
hoice of the people for an important
flee.
I'VE can readily imagine con
ition which would make this rule
o harsh and inequitable that it
'ould shock every sense of honesty
nd justice, besides absolutely de-