The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-11-14
Supreme Court Makes E
Clear How Men Can Be
Nominated BY Petition

tof the ballot commissioners to RIaee
tie names 81 the Republican nominees
under the heading Of the ProgFessiye
ticket, % which some newspapers
have raised question, appeaEs 70 the
Iayman. al least, to have been clearly
settled n. q case handed down By the
lsupreme court Of appeals on Tuesday,
but which had orally been decided
several weeks ago. It Is the case Of
aRorriS vs. 1. Ballot Commissioners.
from Wetzel county. in which man
danus was awarded. It was an ae-
ton 70 compel the ballot commission
ers OF that county TO place the name
OF P. D. Morris, q candidate Tor
circuit judge on the Republican ticket,
on the Progressive ticket
The court holds that to say that
only Republican can sign certif-
lcate. or a Democrat. or a Progressive.
to f4I vacant place ona ticket mar.
rows the right OF voters to present
candidates for popular suffrage, and
/ that the statute does not contemplate
such narrow construction.
The question raised by some news
papers that the vote cast fpE RePubTf
licans on the Progressive ticket can
mot be counted and that the placing
OF the names On tae Progressive, tick
I ct b. the ballot commissioners was
kiup5EoPeF and Illegal appears to be
| clearly settled by the supreme court
| in the Morris case.
The opinion OF the court in fun is as
follows:
.-Brannou, President.
This is a petition by P D. Morris
and other voters OF WetzeI county
for writ OF mandan1us to compel the
ballot commissioners OF that county
to place the name Of Morris on the
/ ballot sheet to be used at the general
1 election to be held on the 5th day Of
November, 1912. in the column Of that
sheet assigned to the Progressive
party.
"The Progressive party is new
party, which did not exist at the date
Of the last general election. having
! been organized By national con-
vention assembled at Chicago in june.
1912. 1t has an Organization in this
state and also its counties, having
state and other subordinate commit
tees. among them committees in the
counties Of wetzel. Tyler and Dodd-
ridge, and committee for the judicial
circuit composed OF these counties,
The Progressive party adopted as q
device or emblem picture Of Theo-,
dore Roosevelt, and as legend
..Theodore Roosevelt to be printed
at the head of the Progressive partyas
column on the ballot sheet for. the
coming election. Preparatory to the
coming election voters OF those cou,
ties fled with the clerks OF the circuit
courts of these three counties. thev1
being members OF the ballot COM
mfssioners, certificates, nominating
persons as candidates for various
oHices on the ticket of the Progressive
party; but they did not nominate any
one for judge OF that circuit There
was no candidate for that, office on
the Progressive party ticket In this
state of things voters in the circuit
signed certificates nominating p. D.
Morris as a candidate for that judge
ship on the Progressive ticket, and
fled them with the circuit court
clerks of these counties. His name
was placed on the Progressive ticket
ii Tyler and poddridge counties; but
the balloe commissioners Of Wetzel
county, upon protest by persons
claiming to be Progressives refused
to put his name on the Progressive
marty ticket in Wetzel county IT,
return or answer to the mandamus
in this court states that these
certificates nominating Norris for
Judge do not represent truly the Pro-
sressive party; that majority OF
those signing them are not members
or supporters Of the Progressive party.
but are active and Jealous RepubI-
cans. seeking in this way to secure
the votes Of Progressives for a Re
publican candidate; that they are
enemies to the Progressive party and
its principles and candidates; that
those sfgners wrongfully adopted in
their certificates nominating Morris
the device and legend Of the Pro-
gressive party; that Morris is not
Progressive, but a Republican and
the regular nominee for judge of the
Republican party
The Progressive party being new
party casting no vote at the last cleo