Evening capital news. (Boise, Idaho) 1901-1927, 1912-10-11
SDnlE OF I SUPREME
COURT IN BARRING Of THE
ROOSEVELT ELECTORS
NJ Justices Explain Their Position u Denying
Right Of Progessives 70 Place
On the Ballot

vs.
The first copy OF the decision Of the
supreme court barring the Roosevelt
presidential electors and the candidate
for congressman. p. Monroe Smock. on
the Electors Progressive party ticket
from the official ballot Nov. s. was
received at the supreme court cham
bers In this city this morning. Its
contents, containing the reasoning OF
the court and the construction Of the
statutes whereon the basis of the JUS
tice's CONCLUSIONS are reached, have
been eagerly looked forward to. The
opinion Is written by Justice James F.
Ailshie and concurred in by Chief
Justice George H. Stewart and Justice
Isaac N. Sullivan, all three of whom
\ are unanimous in barring from the
official ballot the Roosevelt electors
and candidate for congressman.
The opinion contains long state
ment Of facts well known to electors in
Idaho. Justice Ailshie then takes up
discussion OF the issues in which he
says, in part:
Not state Offices.
1T is contended that even IL the
nominations for state officers. as en-
bodied in this certificate or petition,
are valid. that nevertheless presiden-
Z tial electors and candidates for con-
gress cannot be nominated by petit
ton. Section / Of the direct primary
law (190s session laws, page 1869 pro-
vides that candidates for congress and
for all elective state. district and coun-
ty offices shall be nominated as there
in provided, no provision whatever be-
d. 10 o.. i~.& -
dental electors. There is no provision
in the primary election law for the
nomination OF presidential electors and
the nomination of such candidates is
left to the state central committee Of
the respective existing political parties.
Section 20 of the primary election law,
as amended by act Of March Z, 1911,
(1911 session laws. page 57S) author
lies the state central committee Of any
political party to provide for the
nomination Of candidates 80 for Of
fices not required to be nominated as
herein specified" Section 1886 Of the
revised codes which Is still in force and
effect and IL not repealed by the direct
primary act, provides that candidates
for public office may be nominated
otherwise than by convention or pri-
mary meeting In the following man
ner: "The statute then prescribes the
manner Of certifying such nominations
and says: The number Of signatures,
when the nomination is for a state
office, shall not be less than three
hundred; for district office or sub
division OF the state including two or
more counties, the number OF sigma
lures shall not be less than 800; for a
county office, not less than so, and for
a township, precinct or ward office,
not less than TO- This, 1t must be re-
membered. IL the statute providing for
nominations by petition and not for
convention or party nominations. 1t
will therefore be seen that the statute
nowhere names candidates for con-
gress or presidential electors, nor pre-
scribes the number Of signatures re-
quired for the nomination Of presi-
Dental elector or candidate for con-
gress, nor does 1t prescribe the method
or designate the manner OF nominating
candidate for any office other than
state. county, district, township,
precinct or ward office.
What Federal Statutes Provide.
1.-THE office OF congressman ia clear
~ not state office; 1t is provided for
by the federal constitution, and the
only thing left to the state to do is to
hold the election (Section 2. article u.
Presidential electors are likewise pro-
vided for by the federal constitution,
(section 1, article p. The state pro-
vides the manner OF appointment or
election of electors which has been
done In this state by sections 351 and
459 to 465 of our revised codes. Here
1t has been provided that they shall
be elected by popular vote throughout
the state at large. 1t Is clear, how
ever. that when elected, they are not
state officers. and 1t follows, therefore,
that no method has been provided by
statute for nominating presidential
electors by petition, and that no au-
thority exists for SO doing. Such NOM
nations may therefore be made under
our statutes in any manner authorized
by tho state central committee OF a
political party. or at a convention as
prescribed by section H., supra, of the
primary election law.
"As further emphasizing the fact
that the legislature did not intend to
include presidential electors and can
didates for congress when they used
the words state officers" in the cleo
ton laws we find that in section Of
the primary election law. which pro-
vides the fees to be paid upon filing
petitions that the statute enumerates
the different officers az follows:
when the candidacy is for a congress
sional. state or district office. embrace