The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1910-10-06
MUST PLACE THE
NAMES ON TICKET
Supreme Court Brings 10y to
the Candidates.
COUNTY AUDITOR HAS NO JUDI
GARY POWERS In ELECTION.

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The 40 odd candidates for county
offices in the various counties
of the state VINO violated the primary
law by falling to file their expense
accounts within the legal time limit of
10 days after the election, and who
were actually nominated, need not
fear that the county auditors can keep
their names off the official ballot for
the general election. This point was
settled absolutely by the state SUI
preme court Friday in an opinion rem
dered in the case of Hiram G. Fuller,
Republican candidate for treasurer in
Lincoln county, against Ira N. Corey,
county auditor.
The original application was for
writ of mandate The petition is
granted by the court and an order was
entered that a peremptory writ is
sue, directing the auditor to place Full
ler's name on the official ballot.
County Attorney A. H. Mcconnell
appeared for the plaintiff, while Attor-
ney o. P. Soule represented the de-
PENDANT and Assistant Attorney GEN
eral J. H. Peterson participated in an
advisory capacity.
Deeply Significant
The opinion, as rendered by Justlce
Ailshie, in which Chief Justice Sulll-
van concurs without qualification, is
fraught with deep significance ASIDE
from the considerations involved In the
Fremont county case, because the con-
GLIDING language applies directly 70
the powers of officers whose duties
are simply ministerial. In this con-
nection, the supporters OF Governor
James H. Brady are jubilant, because
thew maintain that the language OF
the court applies directly to the sec
rotary of state as much as TO county
auditor. The Brady contingent holds
that if Secretary of State Lansdoh
persists in his refusal to certify GER
tain nominees, including Governor
Governor Brady, as certified by the
state board of canvassers, that the su-
preme courts opinion in the ruler
case will apply to Lansdon, and that
the court, on application for writ OF
mandate, will issue peremptory writ
ordering Lansdon to certify to the
nominees as certified by the canvass
ing board.
Politicians discussed the opinion IN
the Fuller case Friday night, and 1t is
said that Governor Brady's attorneys
will file application for writ OF man
date against Lansdon.
Following are the syllabus and the
opinion by the court in the Fuller
case:
Syllabus Important
Where a candidate for nomination
under the direct primary nomination
statute of this state has been duly and
regularly certified by the canvassine
board to the county auditor as having
received the nomination OF his party
for county office, the duty OF causing
the name of such nominee to be PRINT.
ed on the official ballot to be used at
the succeeding general election is
purely a ministerial act, and the audi
tor cannot sit in judgment on the can
didate and adjudge him ineligible 10
have his name printed on the ticker
On account of his failure to file an ex-
pense account either within the time
or in the manner provided by the a. al
rect primary law. (Secs. 20 and 20
1909. Session laws, p. 2O4o
Before nominee under the dlrec'