Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-08-20
idaho Supreme Court Hands
Down important Decision
In Matter.
PICTURE HOUSES ARE CLOSED
Exhibitions Held 10 be Violation OF
Sunday Rest Law--Policc Closing
Disreputablc Houses.
lsnecinl correrpondence.(

IL mary election law Is constitu-
tional. SO declared the supreme
court OF this state In an opinion
handed down last week in tho case OF
Gardiner O. Adams Vs. Robert lans-
don, secretary OF state. According to
this opinion. IL is held mandatory upon
the olector 20 vote for second choice
where there are more than two oandi-
dates for office, and that the provision
OF the law relating to the expenses OF
a candidate for nomination are con-
strued to mean all his expenses, at all
times, which are incurred for the pro-
motion OF his candidacy, and date rom
the time that he allows It to be pub
licly known that he Is a candidate. The
decision further states that precinct Of
hccrs may be nominated in any reason
able way that may be provided by tls
party organization, there being no pro-
vision for the nomination or such OF
fcers In the new law.
The main features Of the decision,
and those upon which the constitution
atty OF the law really hinged, were the
matters of personal expenses or can
didates, and whether or not II Is man
datory upon the voter to cast his ballot
for second choice. on this point the
court stated:
we are satisfied that it was tho
purpose Of the legislature TO require
the voter 10 vote for both hrst ana
second choice candidates. In order that
his ballot may be complete and his in
tention clear as TO his choice OF can
didates for that particular office. or
course a failure to vote for either first
or second choice candidate for any one
office, where such Is required, would
not affect or void the ballot except as
10 that particular office. We. therefore
m aafd prnyiSi0n Of the law
IL mandatory. and that "A voter must
vote for both first and second choice
candidate IL there are more than twice
as many candidates as there are posi-
tons or offices to be filled.
1T was Intended 10 reduce TO a mini
mum the possibilities of thwarting the
will and purpose of the people in the
selection OF party candidates, and at the
same time have every choice or selec-
ton represent as nearly as might be
majority Of the electors of his party.
This purpose can be accomplished, II at
all, through mandatory second
choice"
Another important point made clear
IN the decision IL that in case n voter
fails to Indicate both first and second
choice for any one orlce, this failure
on his part does not void the entire
ticket, but only the vote for that par
ticular office. Furthermore, II the voter
does not find the name OF candi-
date. for whom he wishes 10 vote for
second choice, upon the ticket he has
the alternative OF writing the name OF
some one else upon his ballot.
PERSONAL EXPENSES.
That section of tho statute referring
TO the personal expenses OF the candI-
date, the court Interpreted TO mean
that any given candidate for a state
elective Office is restricted from expend-
ing over 10 per cent of the yearly sal
airy attached TO the office for which he
Is candidate. and that the expenses 50
Indicated figure from the time he per-
inits IL to be known that he is a cand,-
date to and including the day of pri-
mary election. Candidates must file.
not later than 10 days after said
primary election, an itemized account
OF expenses incurred by them In pro
noting their election with the secretary
of state. This expense account must De
properly sworn 10, and the candidate
Is anienabie to the penal provision
of the act
In passing opinion upon the matter
of deciding the party nominee, where
two or more candidates for the same
office appear, the CURT stated: 1T Will
be observed from the provisions OF said
section that where there are more than
two candidates for the same office the
candidate receiving majority of the
frst choice votes is elected as such
candidates receive a majority OF tho
first choice votes, then the second
choice votes OF each candidate must be
added to his first choice votes. and the
one then having the highest number
of first and second choice votes is de-
clarod elected as the nominee for such
office whether he has a majority OF tho
votes cast or not The legislative in
tentlon is clearly apparent from tho-,
provisions that II possible each nom!-
nee should be selected by a majority
vote, first by a majority of the first
choice votes. and II that could not be
done then by "A majority OF the first
and second choice votes added together
then the candidate receiving a plural
ity OF the first and second choice votes
should be the nominee"
Further on, the opinion reads. a
construction Of said act that might re-
suit in taking the nomination Of many
Of the officers away from the electors
and place IL in the hands Of party com
rntttces and conventions would be CON
trary to the legislative intent. ana IN
constituting the provisions or said pri.
mary election law we have In mind
the well settled rules Of statutory con-
Struction
THE language used in said section
II in regard to voting for "A second
choice Ia rs follows: Vote for both
first and second choice. II there are
more than twice as many candidates
as there are positions said Language
is a command and indicates a clear in
tention on the part OF the legislature
10 require the voter. as a condition on
which he might exercise his first choice,
that he also express his wish as TO "A
second choice in case OF the contin-
gency that no first choice selection De
made This Is not an unreasonable reg
ulation.
In the same section we find the fol
lowing command Mark only your
party ticket. Is that language diroc-
tory only And again, DO not vote for
same person for both first and second
choice Can anyone unreasonably inn
aEine or contend that those provisions
arc merely directory and may be dis
regarded by the voter II he desires Ia
disregard them? | think not Can the
voter under said last quoted provision
vote for the same person for both first
and second choice and legally insist
that his vote be counted? Ii requires a
peculiar temperament to seriously con.
tend that said provisions are merel,
directory. to be followed or not at The