Evening capital news. (Boise, Idaho) 1901-1927, 1912-10-11

/ ing more than one county. the fee
shall be paid etc: and nowhere does
1t name~A presidential Alectcr: section
8, which provides the number Of sig
natures necessary to procure the
printing OF a name on the primary
election ballot. says For q state or
congressional office by at least 8 per
cent OF the voters etc. Again. in Sec
tion IS Of the same act. insprescribing
the duties Of the canvassing board It
uses the words for . district or state
office or member Of congress-, and.
again. in section 81. It says. 'Candt-
dates for congress, state and district
officers
! What Public Offices Are.
"Other citations might be made to
the various provisions Of the primary
election law, wherein the law makers
have used the words Candidates for
congress- as separate and distinct Of
fices from what are designated state
Offices all Of which clearly indicate
that when the legislature used the
words state officers they did not in
clude or intend to include presidential
electors or candidates for congress.
The public officers of this state are
classified by section 81, revised codes,
as follows:
Il. Legislative.
49, Executive.
IS. Judicial.
-. Ministerial officers and officers
OF the courts.
Presidential officers belong to neith-
err Of these classes. Section 80 Of the
| ,trsnI 49,
lar terms of state officers shall COM
mence on the first Monday of January
next after their election. The term Of
members of congress begins on March
4. and presidential electors have no
regular terms of office but discharge
their duties at one meeting. (Sec 461.
revised codes)"
Nomination Without Authority.
Having treated candidates for con-
gress throughout the direct primary
election law and statues Of the state
as separate and distinct offices. which
they are, from state Offices and
then having omitted candidates for
congress and presidential electors from
section sS5 Of the statute. which au-
thorizes nominations for state offices
by petition, 1t Is evident at once that
the Legislature has not intended to au-
thorize the nomination of candidates
for presidential electors and members
of congress By petition. but has rather
prohibited that method of nomination
Of these officers. The rule is too well
recognized and understood everywhere
to even require repetition that "the
expression Of one thing Is the exclu-
sion Of another"
We are forced, to conclude, there
fore. that the nomination by petition
pf candidates for presidential cleo
tors and candidate for congress, as
was done in this case. Is without auth
GRITTY Of law and 10 in violation OF the
statutes of this state and that the
names of the nominees for these offices
cannot be lawfully printed on the Of
ficial ballot.
Hodge Files Brief.
No contention has been made by the
relator that sections 1882 to 1856. inclu-
sive, Revised Codes, are not still In
force and effect and that nominations
cannot in fact be made by petition,
nor was that question mooted on the
| argument of the case. Since the ar
gument. however. brief has been filed
by Dwight e. Hodge. an attorney Of
this court, in which he argues that the
foregoing provisions Of the Revised
Codes are impliedly repealed by the
primary election law (1909 Sess. Laws.
p. 576). This argument seems to be
based upon the principal grounds that
the primary election law requires them
to file an itemized statement OF their
expenses and makes It a misdemeanor
for any person to violate the provisions
OF the act in this respect. Counsel
argues that II this statute did not by
implication repeal section 1856 Of the
Revised Codes. that then the penal pro-
visions of the direct primary law arr
! unconstitutional in that It requires
candidates Of political parties to do
certain things and penalixas them If
they fail to do them. whereas, It ex-
empts those who are not adherents Of
such parties or who entertain q Diff
ferent political saith irutn c.ts, lying
with these provi, ons and being sub
jected to these penal statutes. This
contention IL not well .aken, for the
reason that the primary election law
defines the organizations which consti-
tute political parties within the mean
ing Of the law. and It places certain
restrictions upon persons who become
candidates for nominations within
these parties. 1t applies alike to all
| who fall within that class. and this
| Ii not an arbitrary or unreasonable
classification. Those who are adher-
ents OF organizations which have not
reached the standing and dignity VI
political parties and who procure
nomipations from such organisations
| through conventions and those who
| procure nominations NV nAtlfinn ara