Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-10-08
SOCIALIST TICKET BARRED.

1
1t is expected an opinion viii be rem
/ dcred
/ SOCIALIST TICKET BARRED.
The Socialists of the state are up in
arms over the nctionfoi Sccy. of state
I Robert Lansdcn IN refusing to certify
| TO the ticket of that party. In ac-
| cnrdance With the provisions Of the
| new primary laT. so ats to allow the
! ticket to be piucGd on the official bal
! lot Mt the November election Protest
meetings have been held and legal
cclnsel retained with orders to nstI-
tute mandamus proceedings against
Lansdon In IN effort to have their tick
ct certified to. Lardon bases his lc-
fusai Of action on the claim that the
Socialist party was 4 political party
within the meaning, OF that term un-
der lie primary INV. and that the
Socialists had cast more than ID per
. cent OF the total vote for all candidates
for iuStica ri the supreme court in the
last general election. go TINT under the
law thay would have TO nominate all
of their candidates in q primary cleo
ton. Lansdon nverrcI that inasmuch
as tho Socialists had failed to hold Il
rrimLrS election. they cannot have
their state ticket on the official ballot
for the general election.
CANDIDATES. NOT BARRED.
q -4ts q IS
Intense Significance attaches to n re-
cent inling of the supreme court of this
state. which affects upwards of 40 can
sdiatcs Who were actually nominated
for county offices in the various coun-
ties Of the state. but who violated the
provisions Of the new primary law by
failing 10 file their expense accounts
within the legal time limit Of 10 days
aftcr tho election. TIL" court holds that
county auditor In such cases has no
right TO Withhold the name of II nom
Tree. "'rhc duty of the auditor is pure
Is ministerial" the opinion reads; he
Is vested with no judicial powers or
functions IN the matter. He cannot sit
in judgment on the candidate and With
out u hearing declare him guilty Of
s,rsdcmcanor and inlet the penalties.
IT is clearly the duty Of the auditor to
perform the duties required Of him BY
iaw. and uutil the candidate has been
declared ineligible 10 have his name
placed ,ipon the ticket the auditor has
hut one duty to perform. and that Is to
cause the candidates name to be
printed on the official ballot with all
other nominees for the respective Of
fees. Ir the candidate has violated the
law and Is subject to its penalties,
thu, must he determined in the orderly
and due process OF law.
The case upon which this opinion was
rendered was that of II, G. Fuller,
nominee for county treasurer OF Ere
mont county. against Ira n. COREY
county auditor.
This decision viii nave iar-reaGn-
ing effect. as there Is scarcely coun-
'ty IN the state where Marty nominees
will not be affected. IL Is nractlc'isii,n,
conceded. too. that me same RUE WI.
also apply to SecH. OF state l.nnsdoh, ~
being commended tina. ms noWetS uts
not judicial bilt SiIholS n1ih,s.e.ls, ~"
consequently lie ms no risn. 70 49,.
hold certain names rnoh MY a., ,ishe +,
Discussion on thss nom, ~ ...is s'..a.1s'
very lively ana 10Y. nru"y . i,ie,.'a
expect n similar "ccsS'osi u i'ie ."
premc couft,
INDETER MATE Law.
According TO a recent opinion handed
doWh pS ,ie a., ., ,enitcntiary Who
PRISONERS IN t,,c 49, ~, ~ ~, ;nhetnr-
coi',i'i,'trn a,'t ~. orfec, on Nav G.
in,t,ate l,." ~ 49, lonvict.d AM
l'ov' ~, W. rnov hnvn the
selt.i.roN ~ NJ . ~ Ills lnw
ne'i , ~ liz, ~, lie onininn ncnd
W. ~, NJ ,,,,,,nn, n;,rt If m IN
oi'.S ~, !. ~ ,,,',,n
,,nny nr this Is that
If q man committed crime before
M the i 4 ,ssa lima sentence law say