The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1912-10-11
COMMERCIAL CLUB
HOLDS MEETING.
CONTINUED from first page.)

HOLDS MEETING.
CONTINUED from first page.)
No contention has been made by
the relator that section 1872 to- 386,
inclusive, Rev. Codes, are not still
in force and effect and that nomina-
lions cannot in fact be made by Pc
tition, nor was that question moOted
on the argument of the case. Since
the argument, however, brief has
been filed by Dwight e. Hodge, an
attorney of this court, in which he
argues that the foregoing provisions
of the Rev. Codes are implicitly re-
pealed by the primary election law
(1909 Sess. Laws, p. 576). This
the principal grounds that the pri-
mary election law limits the ex-
pense of candidates and requires
them to file an itemized statement
of their expenses and makes 1t
misdemeanor for any person to vto-
late the provisions Of the act in this
respect. Counsel argues that If
this statute did not by implication
repeal section 385 of the Rev.
Codes, that then the penal provisions
of the direct primary law are I'M
constitutional in that 1t requires
candidates of political parties to do
certain things and penalties them If
they fail to do them, whereas, 1t
exempts those who are not adher-
ents of such parties or who enter
tain different political faith from
complying with these provisions and
being subjected to these penal stat
utes. This contention is not we'll
taken, for the reason that the pri-
mary election law defines the or
CARNATIONS which constitute political
parties within the meaning of the
law, and it places certain restric-
lions upon persons who become can
didates for nominations within these
parties. It applies alike to all who
fall within that class, and this is
not an arbitrary or unreasonable
classification. Those who are ad
herents of organizations which have
not reached the standing and dig
nifty Of political parties and who pro-
cure nominations from such organi-
cations through conventions and
those who procure nominations by
petition are not required to render
an account of their expenditures and
are consequently not subject to the
penal provisions of the direct pri-
mary. ection II of the direct pri-
mary law relegates such parties
and electors to the statute which ex-
listed prior to the adoption of the
primary act.
It is also argued by Mr.. Hodge
that section 385 of the Rev. Codes,
which provides for nominations by
petition, is inconsistent with the
spirit and purpose of the direct pri-
| - IT, kh~A SvAn
ton of the direct primary to have
day whether by direct primary or
convention. That Is true and mani
fest by the statute as to conven-
lions, but the same reason did not
exist for making nominations by
petition on the same day of the pri-
mary as existed for holding conven-
lions on that day. Petition nominal
lions are made by the persons who
are not members or adherents of
political parties or political organi-
cations, and who have not partici-
pated either in. the primary or in q
lconvention; and again, 1t would be
ldif1cult and sometimes impossible to
secure the requisite number of
signatures in the one day. This is
guarded against, however, by the
statute prohibiting anyone signing a
petition who participated in making
a nomination for the same office in
any other manner. The statutes
does not attempt to require petition
nominations to be made on the day
of the primaries.
After most careful and diligent
examination of our statutes and the
, authorities which have been called
RI OF all tt
have not been cited, we are con
| vinced that there now exists in this
| state three methods of NOMINATING
candidates for state Offices: First
by primary election for part,
nomination where the party cas-
for any candidate on their owl
ticket at the last preceding cleo
ton at least ten per cent of tn,
total vote cast for all candidates To-
the same office within the stat,
: and upon which ticket there wer,
3 at least three nominees for stat,
I officers; second. by convention he'll,
q on the same day of the primar,
election for all organizations o
electors existing prior to that da
, and not governed by the terms o
the direct primary act; and, third
I by petition, where the signers o
: the petition have not participate,
a in the nomination Of any person t
: that particular Office and where tn
: nomination Is not made for an,
: political party governed by the di
? rect primary act or by any existin
Z organization of electors.
We conclude therefore that tn
: nominees for state Offices designate
on the petition attached to the rela
4 tors complaint are entitled to hav
: their names certified and printed O
the Official ballot and that thos
named for presidential electors an
: the candidate for congress have nc