The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-10-14
SOCIALISTS Win IN
SUPREME COURT
SUPREME COURT COMMANDS SEC.
RETARY OF STATE LANSDON TO
CERTIFY NOMINEES.

tors for Official Ballots Forthwith,
Says Court Of Last Appeal-SOcial-
lists Win Complete Victory.
The supreme court, Tuesday, issued
preemptOry writ of mandate directed
TO Secretary of State Robert Lans-
don. ordering him to forthwith certify
the name OF Charles B. Pendleton as
peminee for the Office OF inspector Of
mines on the Socialist ticket, as speci-
fed in the certificate Of nomination
fled 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 ballot and voted for
as the Socialist nominee for the office
Of inspector Of mines at the next gen.
eral election.
The writ was signed by Chief JUS
tice Isaac N. Sullivan and o. w. Hart
clerk OF the supreme court.
Prior to the issuance of the writ,
Attorney General McDougal filed and
presented to the court the following
statement in the matter of Charles B.
Pendleton. plaintiff, against Secretary
Of State Lansdon, defendant, in which
PendletOn prayed that preemptory
writ issue commanding Lansdon to
certify him as Socialist nominee for
.tatn v,oina fuuVxoOR0rs
Since the argument of this cause,
have gone more fully into the Ques-
ton presented and carefully examined
the authorities. / conceive the law
to be that when a certificate of nOmi-
nation has been filed with the secre-
tary Of state. which in all respects is
regular on its face, that the secretary
has no right to refuse to certify the
same, in the absence of a bona ids
contest, by one who shows beneficial
interest therein"
After citing numerous authorities,
including the case of Fuller against
Corey. lately decided by the Idaho su-
preme court, Attorney General Mo
Dougal concludes: Il am of the Opin>
ion that the demurrer in this case
should be over-ruled and the writ Is
sued"
The court thereupon ordered that
defendants demurrer to plaintiffs ap-
plication for writ OF mandate be over
ruled and that premptory writ Of man
date issue.
The premptory writ issued by the
court, through Chief Justice Sullivan,
is as follows:
Writ ls Command.
Whereas 1t maRifestly appears to
US by the afidaVit of Charles B.
Pendleton, plaintiff and party benefc-
Tally interested herein, that the name
Of said petitioner appears upon the
Socialist ticket as nominee for the Of
hce of inspector of mines OF the state
Of Idaho. and that said ticket was filed
In your ONCE September 80, 1910, and
that you have refused and do now re-
fuse to certify to the county auditors
OF the several counties the name Of
said petitioner as said nominee for the
ONCE OF inspector OF mines on the So
cialist ticket. to be placed and printed
upon the Official ballot and voted for
at the next general election to be held
November 8, 1910. and that there is
not plain, speedy and adequate rem
Sdy In the ordinary course Of the law,
Therefore we do command you
that Immediately after receiving this
writ you do forthwith certify the name
OF Charles b. Pendleton as nominee
Tor the ONCE OF inspector of mines In
the state OF Idaho. ON the Socialist tick
et' as specified In the certificate of
nomination flled In your oflce. to the
county auditor OF each county within
the state. so that the petitioners name
may be placed upon the official ballot
and voted for as the Socialist nominee
Tor the ONCE OF inspector of mines at
the next vAnaHal alanklnv