The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1912-11-21
Morris Case
Text is Given


new party are voters and not shut
out from presenting candidates for
popular y1.aict. Sec. "a says: Can
didates for public Office may be nomI-
mated otherwise than by convention
or primary elections. In such case,
certificate shall be signed by the
voters Resident within the state, dis
triet or political division for which
the candidate is presented, to a num-
Der equal to one per cent Of the entire
vote cast at the last preceding cleo
ton in the state, circuit, district,
; county or other division for which
the nomination is made. 's""'s Such
certificate shall state the name and
residence OF each Of such candidates;
that he is legally qualified to hold such
office; that the subscribers desire
; and are legally qualified to vote for
such candidates; and may designate,
by not more than five words. brief
name of the party or principles which
: said candidates represent" This
right to present candidates TO the
voters by the statute is plainly clear.
1t would seem to clearly allow those
voters who signed the certificates in
volved in this case the right to do so.
What is the objection interposed to
their SO doing? The answer says that
the signers OF that certificate, pre-
senting the name of Morris for Judge,
are not sincere Progressives, but are
Republicans. seeking in this way to
get for Morris Progressive votes; al
leging this to be scheme of fraud
10 do so. This is the immaterlal de-
Tense presented by the return OF the
board. 1t says, in fact, that no one
but Progressive can sign certifi-
cate TO place a candidates name on
the ballot of the Progressive party;
that no one but Democrat can sign
a certificate to fill the vacant place
on the Democratic ballot. We can
not concur in this construction of the
| statute. 1t narrows the right OF vot-
ers to present candidates for popular
suffrage, Read the statute. From
the quotation above 1t will be seen
y that 1t declares that candidates may
9 be nominated otherwise than BY con
vention or primary. A broad right
given to voters, very essential one.
; They should have the right to present
names for popular approval Being
given such right it says that certi-
ticate shall be signed by voters. 1t
does not say what voters; 1t does
not say that they must be voters OF
any particular party, but the power
to sign q certificate OF nomination is
given 10 voters generally. 1t only
requires that they be voters, and that
they desire and are legally qualified
to vote for the candidate. 1t does not
say that they must belong TO any par
ty The certificate by which they
name candidate, found in the stat
ute, prescribes in its form that the
signing voters make the nomination
OF certain person for n certain Of
flee, and that we desire, and are leg
ally qualified, to vote for said candi-
date" 1t requires the certificate TO
give the name of the party or prin-
cipiG which said candidate represents.
This gives those voters signing the
certificate the right to designate the
party or principle, to characterize
their nomination. 1t gives the right
for them to specify the party or prin-
ciple represented by the candidate.
Why may they not choose the device
o remblem OF particular party, or
Of new party. thereby designating
the party or principle sought to be
subsCrved? II their purpose is 10
further the principles of an existing
party, rather than to create a new
party or specify new principle. why
should they not be permitted to des-
ignate the Republican, Democratic or
i Progressive party by using the emb-
! lem Of enc OF those parties?? How
shall we know that these Republican
signers are still Republicans? They
may have left their party either per-
manently or temporarily as many
have done. When they have said by
their certificates OF nomination that
they desire to vote for the person
whom they nominate, how shall We
say that they do not desire TO do so
and will not do SO? We hold that
We cannot reject their certificates OF
nomination on that account. 1t is no
fraud in legal point OF view for :;
quondam Republican or Democrat TO
sign certificate TO fill vacant place
by nomination on the ticket of the
party which he has in the past OPP
posed He has right to change his