The Commonwealth. [volume] (Everett, Wash.) 1911-1914, 1914-01-08

happened that comrades in trouble
sought tho advice OF the editor of
this paper. But your editor is not a
lawyer, nor has he the time TO devote
to such matters. so from now on our
readers are invited to address all
questions involving points of law to
comrade Peter HUSKY, Room 2O9
Stokes Bldg, 1916 10 Hewitt Ave,
Everett, Wash.
@. VIII you kindly advise through
the Commonwealth, what Is the best
course to follow, so that the Socialist
party may take as party, In the muni-
clpal elections of such cities as Spo-
kane, where we are completely barred
from acting as a party? Ours is the
commission form Of city government
Candidates, In order to have their
names appear on the official ballot,
must file 25 individual nomination pc
ttons with the city clerk, and then
file their acceptance Of such nomina-
ton, In which is the specific pledge
that "a am not candidate as the NOM
inee or representative of, or because
of any promised support from, any
political party, or any committee or
convention representing or acting for
any political party, or organization"
This pledge must be subscribed and
sworn to by all candidates.
Our corporation counsel has ruled
that names written or pasted on the
official ballot shall not be counted in
the regular way. He decides that the
state law does not govern in munich
pal elections. The state attorney gen.
eral refuses to rule on the legality of.
this method of placing names on the
ballot, nor on the legality Of the re-
fusaI of the city officials to count votes
with names written on pasted on.
What would you recommend that we
do? A. +. n.
A. The constitution of the state
CXI. 100 provides that "cities and
towns heretofore or hereafter organic
ed and all charters thereof framed or
adopted by authority of this constitu-
ton shall be subject to and controlled
by general laws" The general laws
say (Sec. 1905 R. b. that "Any cleo
tor may write in the blank spaces, or
paste over any other name, the name
of any person for whom he may wish
to vote" The supreme court has held
in IA Wash. 2SS, that GA delegation OF
powers will not be presumed in favor
of a municipal corporation, but must
be clearly conferred by express statu-
tory enactment, unless they be such as
are necessary to it's corporate exist
ence." 1t therefore seems reasonably
probable that the general election laws
apply in your city, and that the use
of stickers will be upheld by the
courts, though you may have to take
the matter to the supreme court.
However, even if it is legal to use
stickers to write in names, the advis-
ability of so doing is questionable.
There will not be spaces provided;
the stickers are known to fall off; and
every obstacle put in the way of
particular class of voters has its eff
feet in decreasing the vote Of that
class.
would advise that you make the
most of the situation and of the law
as it is. l have plan to propose by
which the difficulty can be surmount-
ed. 1t is this: Elect a campaign
manager; instruct him to do his best
to induce capable and representative
Socialists, through the party papers
or otherwise, to file petitions for the
offices to be filled, the more the bet
ter; let him see to it the candidates
file their sworn acceptances before
ANYTHING more is said or done; but
forbid him to promise the support of
the organization to anyone, directly
or indirectly. When all have filed
their acceptances, then the organiza-
ton should ballot on the candidates
to determine whom it wishes to sup
port and have as its representatives;
and ask those to file Withdrawals who
have received the lowest vote, leaving
enough candidates to fill the offices.
Then the organization can get behind
them and boost and propagate. There
is nothing in the charter of your city
that forbids or that will prevent a po-
litical party from supporting men who
have voluntarily filed petitions. Und-
err this plan the nominees can truth
fully swear, in their acceptances and
in court if necessary, that they have
- 49,, ,,ro,,,icad enppOrt from anV