Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-10-13
SOCIALIST TICKET
MUST BE FILED
SUPREME COURT COMMANDS
LANSDON TO CERTIFY So
CIALIST NOMINEES
Score Complete VictOry.-secretary
OF state Must Send TO the County
Auditors for Official BaIlot..-Writ
is Command.

The supreme court. Tuesday, is
sued peremptory writ of mandate d.
rected to Secretary of State Lansdon,
ordering him to forthwith certify
the name of Charles B. Pendleton as
nominee for the Office OF inspector
of mines on the Socialist ticket, rs
specified in the certificate of nomin-
alton filed in his Office, down to the
county auditor of each county in the
state, so that Pendleton's name may
be placed upon the official banot
and voted for as inspector Of mines
at the next general election.
The writ was signed by Chief JUS
tice Isac n. Sullivan and o. w. Hart,
clerk Of the supreme court.
Prior to the issuance of the writ,
Attorney General McDougal med and
presented to the court the following
statement in the matter of Charles b..
Pendleton, plaintiff against Secretary
o. State Lansdon, defendant, in which
Pendleton prayed that peremptory
writ issue commanding Lansdon to
certify him as a Socialist nominee for
state mine Inspector:
"Since my argument of this cause
1 have gone more fully into the qucs-
tion presented and carefully exam -
cd the authorities. | conceive the law
to be that when a certificate of NOM
ination has been filed with the secre-
tary of state. when in all respects IS
regular on its face, that the secre-
tary has no right to refuse to certi-
fly the same, in the absence of a bona
fde contest. by one who shows ben
ehcial interest therein"
After citing numerous authorities
including the case of Fuller agains;
Corey. lately decided by the Idaho
supreme court, Attorney General Me.
Dougal concludes: II am of the
opinion that the demurrer in this case
should be over-ruled and The writ is
sued"
The court thereupon ordered thai
defenGnnt's demurrer to PLAINTIFF.
application for writ Of mandate b,
overruled and that peremptory writ
of mandate issue.
The peremptory writ issued by the
court. through chief Justice sulli
van is as follows:
Whereas it manifestly appears t.
us by the affidavit of Charles b
Pendleton. plaintiff, and party bene
ficially interested herein, that thu
name of said petitioner appears upoi
the Socialist ticket as nominee TO
the Office of inspector Of mines of tn
state of Idaho, and that said tick
ct was filed in your Office Septem
Der 80, 1910. and that you have r.
fused and do now refuse to certify L
the county auditors of the severa
counties the name Of said petitione
as said nominee for the Office of in
spector of mines on the Socialist tick
ct. to be placed and printed upon tn
Official ballot and voted for at "a
next general election to be held Nc
vember 8. 1910. and that there is n
plain, speedy and adequate rem
edy in tie ordinary course of the Law
"Theremore we do command yo
that Immediately after receiving Ga
writ you do rthwith certify "a
lame of Charles b. Pendleton as non
inee for the J,hce of Inspector
mines in the state of Idaho, on Il
Socialist ticket, as specified in Il
certificate of nomination fled in YOU
Office, to the county auditor of eaC
county within the state, so that Il
petitioners name may be placed p
on the official ballot and voted f.
as the Socialist nominee for the O
fee Of inspector of mines at the ne
general election.
The record shows that Lansdon a
cepted service through Assistant Sc
rotary of State E. H. Hancock.
Attorney Karl Paine represent
Pc ndleton in the Socialists fight
certificauon.
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