The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1912-11-21
Supreme Court Makes Ii
Clear How Men Can Be
Nominated by Petition.

Of the ballot commissioners to place
the names Of the Republican nominees
under the heading Of the Progressive
ticket, 10 which some newspapers
have raised question, appears to the
layman, at least, TO have been clearly
settled in a case handed down by the
supreme court Of appeals on Tuesday,
but which had orally been decided
several weeks ago. tits the case OF
Norris vs.. Ballot commissioners,
from Wetzel county. in which a man
damus was awarded. 1t was an ac-
lion 10 compel the ballot commission
ers OF that county to place the name
of T. D. Morris, a candidate for
circuit Judge on the Republican ticket,
on the Progressive ticket.
The court holds that to say that
only Republican can sign certif-
cate, or a Democrat, or a Progressive,
10 nll a vacant place on a ticket mar
rows the right Of, voters to present
u y
candidates for popular suffrage, and
that the statute does not contemplate
such narrow construction.
The question raised by some. news
papers that the vote cast for Repub-
Leans on the Progressive ticket can
not be counted and, that the placing
Of the names on The Progressive tick
e by the ba!lqt, tepwmissioners was
Improper and illegal, appears 10 be
clearly settled by the supreme court
in the Morris case.
The opinion of the court in full is as
follows:
Brannon, President.
This is a petition by P. D. Morri.
aud other voters of Wetzel county
for writ OF mandamus to compel the
ballot commissioners of that county
to place the name Of Morris on the
ballot sheet to be used at the general
election to be held on the 9TH day Of
November, 1912, in the column OF that
sheet assigned to the Progressive
party.
The Progressive party is a new
party. which did not exist at the date
of the last general election, having
been organized by national con-
yention assembled at Chicago in June.
1912 1t has an organization in this
state and also its counties, having
state and other subordinate commit
tees, among them committees in the
counties of wetzeG Tyler and Dodd-
ridge, and committee for the judicial
circuit composed of these counties.
The Progressive party adopted as a
device or emblem a picture OF Theo-
dore Roosevelt, and as legend
Theodore Roosevelt to be printed
at the head OF the Progressive part! :
column on the ballot sheet for the
coming election. Preparatory to the
coming election voters of those cou-
ties filed with the clerks OF the circuit
courts OF these three counties, thew
being members of the ballot com
miss!oners, certificates nominating
persons as candidates for various
Offices on the ticket of the Progressive
party; but they did not nominate any
one for judge of that circuit. There
was no candidate for that office on
the Progressive party ticket. In this
state of things voters in the circuit
signed certificates nominating P. D.
Morris as a candidate for that Judge.
ship on the Progressive ticket, and
filed them with. the circuit court
clerks of these counties. His name
was placed the Progressive ticket
in Tyler and Doddridge counties: but
iha ballot commissioners of Wetzel
county, upon protest by persons
claiming to be Progressiyes refused
TO put his name on the Progressive
party ticket in Wetzel county. tn.
return or answer to the mandamus
IN this court states that these
certificates nominating Morris for
Judge DO not represent truly the Pro-
SFessive party: that majority OF
Hose signing them are not members
or supporters of the Progressive party.
but are active and Jealous Republ-
Gaas, seeking in this way to secure
Inc votes Of ProgrCssIses for a Re-
publican candidate; that they ara
enemies to the Progressive party and
''s principles and candidates; that
those signers wrongfully adopted in
meir certificates nominating Morris
the device anarlesend Of the Pro-
Sressiye party that Morris is not
Progressive, but a Republican and
Inc regular nominee for Judge of the
Republican party.
The Progressive party being new
past! casting no vote at the last cleo
ton its committees are not known
10 The law as competent to call CON
ARNttgv,a