American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1914-11-26
PLAN TO CONTEST ELEC-
TiGN OF EAGLESGN
Counsel Engaged to Bring Actian With
View TO Prev enting treasurer
elect From Taking Oilice.

The right of John w. Eagleson, Re-
publican, treasurer-eiect of Idaho, says
the Capital News, to assume Office as
the legally nominated and elected
treasurer of this state will be attacked
In the courts. II is learned on cx-
cellent authority that two prominent
attorneys of this state have been EN-
ployed as counsel to contest the right
of Mr.. Eagleson to take office and that
papers In an action are being drafted
which will within short time be filed
in the courts.
The action will be based on the
grounds that Mr.. Eagleson's nomina-
tion in the first instance was null and
void and of no effect in that the state
central committee of the Republican
party without authority vested in it by
the laws placed him in nomination
after the date for certification by the
secretary Of state of the regularly
nominated candidates for all parties to
the auditors of the respective counties
of the state had passed and through an
alleged certification of his nomination
after that date to the secretary of state.
had his name placed on the official
ballots through the use of stickers with
instructions to paste them over the
name of o. ". Allen. self-confessed en-
bezzler of state funds, who had been
nominated at the primary election to
succeed himself as the party's candi-
date for treasurer, but after whose con-
viction and sentence to the peniten-
tiary or at any time prior, filed his
declination prior to certifcation with
the secretary OF state as provided by
the law.
The prospective suit again brings to
life the doubts expressed at the time
the Republican state central commit
tee or the executive wing of that con-
mittee met and placed Mr.. Eagleson in
nomination and certified his nominal
ton to the secretary of state taking
of what was alleged to he a
provision in the election laws to fill
vacancy on the state ticket when
vacancy was caused by death or
otherwise to substitute the name of
the nominee on stickers to be pasted
on the ballot.
During the last general election
stickers are known to have been used
Oh the general election ballots i'm two
the case of w. II. Holden
of Idaho Falls who by that means sue
ceeded in having himself voted for
justice of the supreme court to sue
ceed the late George II. Stewart, and
in the case of Mr. Eagleson as Repub-
lican candidate for state treasurer.
II is said it will be claimed in the
suit that If il was illegal
to use stickers In the Holden instance
1t was also illegal to use stickers In
the Eagleson instance; that IL il was
legal to use stickers in the Eagleson
instance then it was also legal to use
stickers in the Holden instance and II
the former can be held to be the legal
and by the use of stickcrs
was elected, then the latter for whose
alleged election stickers were used. is
also elected and is entitled to receive
a certificate having been elected to the
supreme court as a justice.
The case may present some very
situations In regard to the
use of stickers at an election In this
state. Holden is contesting the right
Judge Alfred Bulge OF Poca.cllo
to take a seat on the supreme bench
under appointment from Governor
Haines. He claims failure of the gov
ernor to issue a proclamation declar
ing a vacancy ON the bench caused
by the death of Judge Stewart and the |
election of his successor, annuls any
appointment he might make; thar he,
Holden, having received the highest |
number of votes as candidate for |
justice of the supreme court, is en-
titled to be declared elected. His
friends had stickers printed and past
ed them on the ballot thereby voting /
for him.