The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1910-10-06

primary law can be denied the right
to have his name printed ON the Of
fetal ballot on account of ineligible
ity resulting from his failure to file a
statement Or ms expense account,
either within the time or in the man
ner provided by law, he must be jul
dicially declared by ordrely and due
process CT law to be Ineligible on ac-
count eff his violation of the direct
primary law
0pia,o1 In Full.
This is an application for writ of
mandate against the auditor of Ere
mont county, compelling him to cause
the name of petitioner, Hiram G. Full
Ter, to be printed on the official bal
lot as the Republican candidate for
county treasurer CT Fremont county to
be voted on at the general election in
November.
1t is alleged by the petitioner that
he was duly and regularly nominated
by the Republican party at the pri-
mary election held in August as the
nominee Of that party for the office of
county treasurer 1t is further al
legged that the county auditor refuses
to have the petitioners name printed
OI lDG OlIISLdl LdlIOt ltI Tic ICdSOA
that petite ner did not file his eA-
pense account as required by Secs. rs
and &c of the primary election law,
(1909 Sess. laws, PIP. 204 and 205),
within 10 days after the date on which
the primary election was held.
Expense Provision.
Section rs of the act provides that
every candidate for nomination under
Al Ian
than 10 days after holding the primary
election file an itemized statement in
writing, duly sworn to as to its cor
rectness, setting forth the items of ex-
penditure made by him fer the pur-
pose of securing or influencing or in
any way affecting his nomination. Sec
ton 26 of the act provides that any
candidate who shall fail, neglect or
refuse to file with the proper officer
the statement provided for by section
25 within the time provided therein, or
to fully set out in detail the sums ex-
pended by him, etc, shall be guilty OF
a misdemeanor, and then prescribes
the penalties, among which is that of
ineligibility to become candidate for
the office to which he was nominated
Duties Ministerial.
Inc only question Will WHICH We
have to deal at this time is that of the
power of the county auditor to refuse
to have the name of a candidate print
ed on the official ballot where he has
been declared by the canvassing board
to be the nominee of his party. On
this question there can be but little
doubt The duty of the auditor is
purely ministerial; he is vested with
no judicial powers or functions in the
matter. He cannot sit in judgment on
the candidate and without hearing
declare him guilty of a misdemeanor
and inflict the penalties. 1t is clearly
the duty of the auditor to perform
the duties required of him by law, and
until the candidate has been judicially
declared ineligible to have his name
placed upon the ticket, the auditor has
but one duty to perform, and that is
to cause the candidates name to be
printed on the official ballot along
with all the other nominees for the
respective offices. IT the candidate
has violated the law and is subject to
it's penalties, that must be be deter
mined in the orderly and due process
of law.
A peremptory writ of mandate will
issue to Ira N. Corey, auditor of Ere
mont county, directing him to place
the name of the petitioner, Hiram G.
Fuller, on the official ballot as the
Republican nominee for the office of
county treasurer to be voted upon at
the ensuing general election. Costs
awarded in favor of plaintiff.