The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1912-10-11

~ 40 A0WAoSOA G0Tn u6uU0O OOWu
q decision late Tuesday night in
the action to prevent the printing
OF the progressive state ticket ON
printing Of the names of the ma
tional electors and congressman. as
being federal officers whose nominal
| ton Is otherwise provided for, and
requiring the printing of the state
ticket, az being authorised by the
petition process. The title of the
case is Judsorr Spofford, plaintiff, vs..
Wilfred L. Clifford, secretary of
state. The opinion, which Is unan-
tmous. is written by Justice Ailshie,
Stewart and Sullivan concurring.
The syllabus of the court says:
l. Under the provisions of Sec
ton of the direct primary election
law Of this state (1909 session
Laws, page 1859 political party Is
an afaliation OF electors represent
Ing political organization under a
given name, which at the last pre-
ceeding general election cast for
any candidate on their ticket for
Offices within the state at least 10
per cent Of the total vote cast for
all candidates for the same office
within the state, and all political
parties coming within this defini-
ton are. required to make nomina-
lions at the direct primary election
held on the last Tuesday In July
Of election years.
2. Under the provisions of Sec
ton IL Of the direct primary law,
AN organization of electors not
governed by the terms" OF that
act must hold their conventions for
the nomination Of candidates on the
same day that the direct primary
election is held.
3. Convention" as used and en-
ployed in the direct primary election
law, means an organized body of
delegates or representatives assem-
bled for the purpose of making
nominations, and does not have ref
erence to mass meeting or as
semblage of persons who, represent
themselves only, but is intended to
be an assemblage or body selected
or appointed by some class, body or
party OF electors as representatives
of the people, party or district max
ing the selection or appointment.
4. Under the provision of Sec
ton 385, Rev. Codes, candidates for
state Offices, district Offices and
county Offices, may be nominated by
petition, provided the required num-
Der of signatures designated by
statute be obtained of qualified cleo
tors who have not joined in the
nomination of any person for the
same ONCE.
5. Under the provisions of Sec
tions 385 and 368, Rev. Codes, per-
sons nominating candidates for pub
lie ofi1ces by petition are authorized
to designate In not more than Ave,
words the party name or principle"
which they desire to give the ticket
so nominated. and where the re-
Quired number of electors signing
petition for the nomination of
candidates for public Office designate
the name of the ticket, 1.-THE Elec-
tors Progressive Party" such name
or designation is not in conflict with
the name of an organized party
called the Progressive Party" (Phii-
lips w. Curtis. Ida, 1913, fol-
'owed.) S.i
s. Courts will not go into the
realm Of politics to inquire into the
motives of electors for seeking or.
advocating the nomination or cleo
tion of any person to Office, and will
not inquire into or investigate the
motives or purposes of any person
In either circulating or signing a
petition for the nomination Of a
candidate to public ONCE.
I. The statutes of this state do
not authorize or permit the nomin-
alton of candidates for presidential
electors or candidates for congress
by petition.
8. The only method provided by
the statute of this state for nomina-
ting candidates for congress is, first,
by political parties under the direct
primary election law. and second,
by organisations holdring conven-
tons on the day of the direct pri-
mary elections.
8. The only method provided by
the laws Of this state for nominal
ing candidates for presidential cleo
tors is, first, by the state central
committee of an organised political
party, and second, by an organise
lion not, governed by the direct pri-
mary, election laws holding q con-
vention on the day of the direct pri-
mary In conformity Herewith.