The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1910-08-19

which is as follows: Every person
may freely speak, write or publish on
all subjects, being responsible for the
abue of that liberty There is moth
ing in that contention.
THE provisions of the primary
election law in aiding or promoting
his nomination for an Office in no
manner conflict with said provision
Of the constitution. That law does
not attempt to prevent candidate
from freely speaking, writing and
publishing his views on all subjects.
1T is also argued that said act is
ambiguous in that it does not define
when the expenses of the candidate
beginfi whether after acceptance of
the nomination or before, and counsel
contends that the expenses of can
didate, for which he is required to
file an itemized statement under said
act, do not begin until the candidate
has filed his nomination paper with
the proper officer or until after he has
filed his acceptance of such nomina-
ton.
Differs from Minnesota Law
"The primary election law of this
state is different from the primary
election law of Minnesota and the
corrupt practices act of that state in
some particulars. The intent and
purpose of the legislature in enact
ing said sections "a and 25 of the pri-
mary law was to prevent the large
expenditures of money or property by
person, in aid or promotion of his
own nomination to any Office under
| the provisions of said law. The first
sentence of section "a is as follows:
| No person shall, in order to aid or
promote his own nomination to an Of
flee under the provisions of this law,
directly or indirectly, himself or
through any person, give, pay, expend
or contribute any money or other val
liable thing or service, except for per-
sonal expenses etc. And the last
sentence of said section is as fol-
lows: Provided, That no candidate
for nomination to any office at any
primary held under the provisions of
this act shall expend for personal ex-
pense or at all in order to aid or pro.
mote his own nomination :, such Of
flee, more than Is PR cent of the
yearly compensation or salary attach
ed to such office
Legislative Intent Clear
1t is clear that he legislature in
tended by the language there used
that no person shou lie permitted to
eApend, to aid or promo;e his own
nomination to an Office, more than IS
per cent of the yearly salary of such
office, and he is prohibited from ex-
pending for personal expenses or at
all in order to aid or promote his own
nomination more than Is per cent of
the yearly compensation of such Of
flee. A positive prohibition is thereby
placed upon the expenditure in aid or
person more than Is per cent of the
salary for single year. Personal
expenses are accurately defined in
said section "a. But the law provides
for other expenditures than those de-
fined as personal. Section provides
that fee shall be paid, or in lieu
thereof a petition shall be filed on
behalf of each candidate for office:
and section provides that the fee to
be paid on behalf of any candidate in
case no petition be filed asking for
his nomination, shall be, for any Of
flee with salary of $500 or less. the
sum OF 81; and when such salary ex-
ceeds $500 per annum an additional
sum equal to 1 per cent thereof on
such excess. The law also provides
the number of signatures required for
the nomination of acandidate by pc
tition, and clearly contemplates that
nomination by payment of the fee
requires an expenditure of money, and
also the nomination by petition re-
qulres the expenditure of money, and
80 far as the expenditure of money
Dy candidates is concerned the entire
provisions of said act in regard to the
nomination of candidate by the pay
nent of fee or by petition and the
provisions for personal expenses must
'e construed together. The itemized
statement required to be filed by the
by the provisions of Sec
ion 25 requires the candidate to set
orth each sum Of money and thing of
-alue or any consideration whatever.
contributed, paid or promised by him
IF any one for him. with the knowl-
dge or acquiescence for the purpose.
4 securing or influencing or in anv