Evening journal., 1915-05-27

guage used is within twenty DAYS
prior to said municipal election"
have talked with the counsel for the
Citizens League party. and il is his
tention that the literal construction OF
this would mean that the device could
be filed on any of the twenty days
before the election. That construc-
tion. of course, would mean that il
could be filed on the day before the
election. This contention. am thor
oughly satisfied. is wrong. and that no
such construction can be placed upon
IT, What the Legislature actually in
tended was that il would be filed at
least twenty days prior to said muni-
cipal election. | have found one au-
thority holding that in just such a
case as this the word within" should
be construed to mean "at least" This
is undoubtedly the only sensible con-
StructiOn that can be made of this
act That is particularly true when
you take into consideration the posi-
tive provision that the certificate
must be filed ten days before the cleo
ton and such certificate must desig-
nate the device TO be used: and there
are many other things in the new law
which would prohibit any other con-
struction, viz: the provision that the
tickets shall be in the hands of the
committees five days before the cleo
tlon. There are perhaps other SINH
lar provisions in the law which would
show that the construction placed
upon it by the Citizens League party
is improper.
have reached the conclusion.
however, in the hasty examination
that | have made. that while the De-
partment may require this device TO
be filed twenty days befor the cleo
tion. it is a provision that was in
tended for the convenience of the de-
partment, and can therefore be
waived by the department. In other
words, 1t is a directory provision and
not mandatory provision: or per-
maps 1t would be better to say il is a
discretionary matter with the depart
ment. and not mandatory That is the
conclusion have reached after rea-
sonably thorough examination.
] am reasonably certain that the
Citizens League cannot compel the
department TO print its ticket for
t+t ANaooho I HdNt EiNtu. dIl also
quite certain that it can have no ef-
feet upon the validity of the election
If the department does accept this
certificate and print the ticket of the
Citizens League party. Speaking
generally, IL seems to me that all
laws relative to fling Of tickets by a
political party should be construed
as literally as possible. for the rea-
son that every opportunity should be
given TO the voters TO cast their ballot
for the party of their choice.
I would advise the department to
accept the certificate OF the Citizens
League party if such acceptance does
Bot greatly embarrass the department
in performing its work for the next
municipal election.
If the department should conclude
TO reject the certificate of nomina-
tions of the Citizens League party. I
have consented with their counsel to
cooperate with him in any proceed
ings that he might take in court to
compel the department TO accept it,.
II il concludes not to accept il. the
department ought TO notify the com
mittee of the Citizens League party
at once. so as TO give il an opportun-
ity 10 do whatever il thinks necessary
in the matter
Very truly yours.
Daniel o. Hastings.
City Solicitor