White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1910-08-28

where there are such so printed?
We think such Is the proper con
struetion of the act. 1t Is + the
form of the ballot set out In the
statute to be substantially compiled
with, does not contain a biank space
below the fictitious anne OF candi-
dates, and this has doubtless mislead
a number of county clerks. Upon
the other hand, where there are no
purported names of candidates under
an official designation there are three
blank spaces in each instance, al
though In most of the cases only one
nominee could be voted for. y ~
Having determined that it was the
intention of the legislature to provide
for placing IN the ballot the names OF
all Office designations, for which Of
flee candidates are TO be nominated,
together with a blank space We come
to consider what was the intention of
the legislature by such provision.
1t is manifest hat If such blank
space cannot be used for any purpose,
il is mere surplusage and had bet
ter be left off the ballot, for in such
case, 1t could only serve to confuse
the voter and in many instances
might be the means of preventing his
ballot from being counted. Appear
ing on the ballot the conclusion OF
the voter might be hat the blank
space was intended for him to write
in the name of his choice If he so de-
sired. We cannot impute to the legis-
lature a deliberate intention to de-
ceiye the voter by the provisions OF
an act. The purpose of which was
to place in the hands of the entire
membership of the party the control
of party nominations. 1t is a cardinal
rule of statutory construction that
statutes shall be construed If pos
sible so as TO give all language effect.
Nowhere in the act is there any
express provision that no name shall
appear on the ballot except those
printed thereon. Sec. 5, supra, pro-
vides that, THAT name of no candi-
date shall be printed on an official
ballot unless a nomi-
nation paper shall have been fled"
etc. Ought we to interpolate after
the words "be printed in the section
supra the words "Or otherwise APP
pearl" We must do so, If there can
no candidates for a nomination for an
office, except those h have filed
petitions. But the reading of these
words into the section renders
meaningless and destroys the force of
all the provisions of the act relative
to blank spaces and the printing of
official designations, where there are
no construction is not permitted II 1t
can be avoided. The very language
of Sect. 5. however, taken by itself
would indicate that there might be
candidates other than those whose
names are printed on the ballot.
Taking that section alone, the reason
able construction, We think, would be
that if a candidate wants his name
printed on the ballot he must file a
nomination paper. Reading See. 5,
together with other provisions of the
act, particularly Sect. IL, and it is
clear, we think, that candidates
whose names may appear upon the
ballot, are not limited to those whose
names may lawfully be printed on the
ballot. Subdivision l of Sec. u,
among other things provides, THE
names of all candidates for the re-
speetive Offices for whom the pre-
seribed nomination papers have been
hiid EhdAt bG IAthAth lA3A'Ah
This language of itself does not
imply that there can be no candidates
other than those whose names are
printed on the ballot. Certainly such
intention ought not to be imputed in
the face Of other provisions indieat-
ing hat names may appear thereon
otherwise. .
We think the legislature intended
by providing for the blank space that
a party eleetor may write in the
name of any qualified elector for
whom he wishes TO cast his vote for
nomination for any particular Office
and may hen vote for such elector
by stamping a cross threafter. In
that way only can the members of a
political party make a nomination
where no candidate has filed nomina-
tions papers. -
In determining that IL was the in
tention of the legislature that party
electors are not limited to voting for
those candidates whose names are
printed upon the ballot. but that
they may write in the blank space,
provided for such purpose, the name
of their choice, we are aided by the
provision of a similar blank space for
county committeeman. This provision
does not appear in the California act,
and hence, may be said 10 have been
inserted in the Nevada statute ex
inductras. Nowhere is there any
specific provision that a name may be
written therein, but there are pro-
visions for %canvassing the vote for
such committeeman, the meeting of
the committee composed of those SC
selected and matters of that kind If
a name is not authorized by the act
to be written in, then the other pro-
visions of the act for canvassing the
vote, etc, would be senseless and be
sides there could be no party county
organization. That the legislature
intended that the voter could write
in the name of his choice for county
committeeman is manifest. If the