The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-10-26
County Auditor A. p. Meyer, Receives
Notification From Attorney Gen.
eral cosson, Regard
ing This.
1T AFFECTS DEMOCRATS
W. w. Gwinn and Cortes Maxwell,
Candidates for Justice and Chris
Lock for Constable
Are the Ones.

tice of the peace, and Chris Locke,
candidate for constable, will not go
on the democratic ticket, according
to ruling received by A. P. Meyer,
county auditor. from the attorney
generals office. The ruling holds that
there were no nominations made by
the county convention because that
body has no such power under TIE
law. The supreme court has heiA
that there can be no vacancy until
there has been nomination.
The only proper way to do is to
leave blank lies on the ballot and
on these the voter may write in the
names of the candidate. This de-
cision was forwarded to County
Auditor Meyer from the attorney
generals office and will be final un-
less some nandamus proceedings
should be started by any of the
men whose names are ruled off the
ballot.
Following IS the letter from Audi
tor Meyer and the response:
The Auditors Letter.
Auditors Office, Lee County. Iowa.
FIT Madison, Iowa, Oct. "a. 1916.
Hon. George Cosson,
Attorney General,
Des Moines, Iowa.
Dear Sir
Kindly let me have your written
opinion in regard to the legality of
placing certain names of candidates
for township Offices on the official
ballot at the coming general cleo
ton. The following is statement
of the facts in particular case, to-
wit:
At the June primary, 1916, the fol-
lowing persons were voted for for
the office of justice of the peace in
jackson township, inside the city OF
Keokuk, on the democratic ticket,
none Of the names voted for having
been printed or the ballot. to-wit:
Cortes Maxwell, one vote.
Chris Koepf, one vote.
J. A. MILESTONE, one vote.
E. c. Dobyns, one vote.
Ross Kiser, one vote.
Thos McAndrews, one vote.
A. Rumbaugh, one vote.
The vote cast for governor in the
seven precincts of Jackson township.
was 2,755 votes.
fore for the Office of justice of the
peace on the democratic ticket in
Jackson township, inside, because
none of the candidates voted for re-
ceived a sufficient number of votes
as required by law.
On July 81, 1916, meeting OF all
the duly elec-ed and qualified demo
cratic committeeman representing
each of the seven precincts in the
said Jackson township, inside, was
held, and they selected, appointed
and certified the following named
to fill the vacancies above
to, to-wit:
For justice of the peace: w. W.
Gwinn, keoGuk, Iowa; Cortes Max
well, keokuk, Iowa.
For constable: Chris Lock, keo-
kuk, Iowa.
The following resolution was pass
ed by the democratic county conven-
ton on July 1, 1916, and certified
and sworn to by j. o. Boyd, presid- !
ing officer of the convention, and E.
H Pollard, secretary of the conven-
ton, and filed in this office on July |
/, 1916:
I'VE also certify that the follow
ing provisions were made by said !
qualified delegates to said conven-
ton for filling vacancies in the |
aforesaid:
Moved and seconded: That the |
central committee be author |
zed to fill all vacancies in the nomi- |
nations, and all vacancies occurring |
in the county central committee it. !
self"
| was present in person at the |
democratic county convention, and l
personally know that it was the in
.ention and declaration of the con-
pention that all vacancies in county /
,fiices occurring after the convention
lad adjourned should be filled by the
central committee acting as
, whole, and that all vacancies in
ownship offices should be filed by
he committeeman for the township
Or district in which the vacancy
should exist
Please advise whether or not
,acancy existed in the nominations
or justice of the peace in Jackson
ownship. inside, on July 81 or Aug
list 6, 1916, (thc date same was filed
n this office); also, whether or not
he nominations certified by the COM
nitteemen Of said Jackson township,
inside, is a good, sufficient and legal
also. whether or not it
S my duty to place the names so
certified on the official ballot for said
ownship at the November election,