Evening capital news. (Boise, Idaho) 1901-1927, 1912-10-24
HARD QUESTION
Put UP TO THE
SUPREME court
Prominent Attorney Gives
His View Of Decision Bar
ring Progressive Electors
From Official Ballot.


7tate wno' TOT the very pest Oh rea-
sons which can readily be understood,
does not desire to have his name
,.,.,.,, ~. - .h,.. .r,.,c,,,r. N.
supreme court mas polh'co ou'' III
strong article to this paper, one point
in which Il appears the supreme court
or the Republican and Democratic de-
lenders Of judicial disfranchisemen
cannot possibly get around.
He calls attention to the fact that
candidates for presidential electors
were actually nominated under the old
law before the direct primary law was
enacted and 90 were the candidates for
congress-. Tho primary law was en-
acted to apply only to such parties as
had previously cast 10 per cent of the
total vote Of the state and in that law
the old laws were specifically kept in
force, So we have the court now say
ing that the law, which Is now the
same a. It was. Is not the same law
that It was. The attorney says:
"The supreme court in its decision
makes one statement which can be best
explained upon the theory that the
court had absolutely no conception
whatever Of the law itself or of the
effect OF the primary law of 1909 upon
section ss2 This is the statement:
"'HavinR treated candidates for con-
rress throu9hout the direct primary
election law and statutes OF the state
az separate and distinct offices, which
they are. from state offices, and then
having omitted candidates for con-
gress and presidential electors from
section 1856 of the statute, which au-
thorizes nominations for state office
by petition, 1t is evident at once that
the legislature has not intended to
authorize the nomination of candi-
dates for presidential electors and
members Of congress by petition, but
has rather prohibited that method of
nomination Of these officers The rule
Is too we'll recognized and understood
everywhere to even require repetition
that "the expression. Of one thing is
the exclusion of another."'
"A moments consideration Of section
ss2 and a comparison Of that section
with section one of the primary cleo
ton law OF 1909 will show the utter
absurdity of the position taken by the
supreme court. In fact, the language
used in section one "a Of the pri-
mary law of 1909 in specifying candi-
dates for congress, establishes beyond
any question, that the legislature OF
1909 understood the term public CT
flee in section 1872 to mean every Of
flee to which an election was held in
tho state Of Idaho, including national
as we'll as state offices. 1t Is further
plainly apparent from the inclusion Of
members Of congress- and the omission
OF presidential electors in section one
Of the primary law OF 1909. that the
legislature of 1909 construed the words
public office in section 1892 OF the re-
yised codes to mean every public Of
flee within the sift of the people of
this state whether national. state or
county, The reason is almost too OBJ
vious to REQUIRE even a statement The
legislature of 1909 in PASSING the pri-
mary election law referred to. made
It applicable solely TO political parties
casting 10 per cent OF the vote. Hear
that fact in mind that the primary
election law Of 1909 is applfcable SOLELY
and alone to political parties casting
over 10 per cent. and does not affect
political parties casting under 10 per
cent. nor the rights OF electors to
nominate by petition save in this re-
spect, that conventions OF parties un-
der 10 per cent must be held on the
same day as the primary election.
Section one Of the primary election law
of 1909 reads as follows:
"'Section /. Hereafter all candi-
dates OF politicaI parties for congress.
and for elective state, district and
county offices at regular elections.
shall be nominated at primary cleo
tions conducted according to the pro-
visions of this act
"The second section defines the no.
)ittcal parties. to mean those casting
at least 10 per cent of. the vote at the
last election.
Now the language of section one is
tust the same as though the legisla .
ture had said: All candidates for
public office except presidential cleo
tors, etc. but the legislature chose
20 empIov tho form Of direct staterpen,