Evening capital news. (Boise, Idaho) 1901-1927, 1916-09-27
KERR'S name MAY
Be BARRED FROM
OFFICIAL BALLOT
No Expense Account Filed
by Democratic Nominee
for Congressman-Inter-
esting Law Point.

The fact that Marion j. Kerr, of
ST. Anthony, Democratic candidate for
representative in congress. successful
at the recent primary election, failed
to file with the secretary of state an
expense account, if he had expenses
at the election. has raised an inter-
esting question as to the right of the
secretary of state to place his name
on the official ballot at the general
election. The primary law plainly
states that a candidate who fails to ac
count for expenses of the campaign
may be held for a msdemeanor and is
prohibited from having his name APP
pear on the official ballot as a can
didate and vacancy shall thereby
be created and exist for the nomina
ton for which said person was can
didate and be filled as other vacan-
cies under the terms of this act
In the event that Mr. Kerr had no
In the event that Mr. Krer had no
primary campaign expenses the neces-
sity of filing a statement with the sec
rotary of state is waived. But in the
event that he had, the terms of the
primary law and the penalty attached
seem clear. 1t is not likely. however,
w
other than certify his name down on
the official general election ballot and
if interference comes in that regard
1t will be from some other quarter.
There is reported in the Idaho report
of 1910 a supreme court decision in
the case of Hiram G. Fuller versus
Ira N Corey, which originated in Ere
mont county that has bearing on the
EIllpr
full candidate for office in Fremont
county at the first primary election
held in this state, but failed to file an
expense account with the county audi
tor, who refused to certify his name
down on the general election ballot.
Fuller instituted mandamus proceed
ings to compel him to do so and was
successful. The supreme court held
that Fuller not having been convicted
of misdemeanor or under due pro-
cess of law, it was not for the county
auditor to say that he had violated it
but to following out his clerical du-
ties and certify down his name as the
names of other candidates had been
certified. This decision was written by
James F. Ailshe. then justice. and
concurred in by Justice sullivan.
FRAZIER FILES ACCOUNT.
1t was announced yesterday follow
ing the last day for filing expense ac-
counts that two Democratic candi-
dates had failed to comply with the
law. One of them was James H. Fra
zier. unsuccessful candidate for lieu
tenant governor, and Marion ]. Kerr,
successful candidate for representa-
tive in congress. This morning the
expense account of Frazier reached the
secretary of state by mail. 1t was sub
scribed and sworn to before William
B. Mcfarland. Sept. %. at Occur
d'Alene. The time limit for filing ex-
penses was Sept. %, so that the ex-
pense account of Mr.. Frazier is held
to come within the law. having been
sworn to and mailed prior to the date
the time limit expired
Up to the present time nothing has
been heard from Mr. Kerr with regard
TO his expense account and he either
had none or failed to note the provis-
Ions of the law with regard to the fill
ting Of one