Evening capital news. (Boise, Idaho) 1901-1927, 1916-10-21
DEMOCRATS Want
|. TO FILL VACANCY
ON THEIR TICKET
Action Before the Supreme
Court May Grow Out of
, Withdrawal Of Stanley as
Candidate.

The supreme court will probably be
called upon to decide whether or not
the name of some northern Idaho Dem
ocrat may be substituted for that of
John v. Stanley of Bonners Ferry as
Democratic "sticker" candidate for rep
resentative in congress. The Demo-
cratic state committee is in session
this afternoon. All day Geographic
communication has been on with
northern Idaho to secure the consent
Of one of the leading Democrats there
to take the place of Stanley. who re-
signed because of the embarrassing
position he, as well as the state COM
mittee. had been placed in, by the
filing of statutory charges against him.
The committee hopes to be able to
substitute James H. Forney and If not
the Moscow statesman, Frank r.
Moore or George w. Tannahill. When
the candidate is decided upon his
name will be presented to the secre-
tary of state with the request that he
be accepted as the nominee for rep
resentative in congress to succeed
Stanley. If the secretary. of state de-
clines to accept the nomination. then
the Democratic state committee will
go before the supreme court for writ
of mandate to test out, In friendly suit,
the question Of whether or not the
secretary of state must accept the name
and then provide stickers to be issued
to the election judges in the various
counties.
SIMILAR TO FORMER CASE.
In the Stanley case there arises a
OF cto,i 70. -
years ago when o. ". Allen, former
state treasurer, automatically ceased
to be the Republican candidate for
state treasurer by virtue of the fact
he was legally dead, having plead guilty
to the crime of ernbezzlement and by
so doing losing his citizenship. with
the exception, however. that the law
disposed of Allen because of the cir
cumstances surrounding him as a con-
fessed embezzler, while In the pres
ent case, Stanley has caused an appar-
ent vacancy by withdrawing. In the
latter's case he does not desire to en-
harrass the state organization and
while he denies In toto the charge
made against him he finds that he
cannot be exonerated before election
because he cannot secure a trial in
the district court by that time. There
fore. he offers to step aside. In the
Allen case the secretary of state, I'M
der the law, had sticlters printed on
which appeared the name of John w.
Eagleson, present state treasurer, who
was selected by the Republican state
central committee to succeed Allen.
With the exception of Oneida county,
1t is said. the stickers were attached to
the official ballot over the name of
Allen, which had been previously GER
titled down to the county auditors by
the secretary of state.
RESIGNATION MEANS NOTHING.
The attitude OF the secretary of
states office Is that its duties in re-
gard to certification of primary nom
inees Is but ministerial; that the 30-day
period having expired in which nomi-
nees may decline to accept nominations
and certification of the nominees hav-
ing been made as provided by law, the
resignation of Stanley means nothing
and there is nothing to do but to al
low his name to stand on the general
election ballot.
The Democratic leaders take the
stand that the 30-day Limitation in
the law was merely precautionary In
| order to assure printing of the bal
lots and their delivery as properly
certified, to the election officials over
the state; that 1t may be waived where
a candidate declined to go before the
people under the circumstances stan
ley finds himself confronted with and
| that in all fairness to permit the cleo
tors to have a free choice the name
\ of another may be substituted and the
secretary of state should have stlckers
printed with that name on and distrib-
ute them to the election officials. Some
time ago Chairman Hamilton of the
Democratic committee wrote to STAN
ley requesting him to resign because
of the statutory charges filed against
him, and the embarrassment it would
cause him and the committee in the
campaign. Stanley declined at first
asserting he was entitled to trial and
would be exonerated. However, he
discovered he could not secure a trial
before election and he then forwarded
his resignation. The charge against
him was made by young girl formerly
employed in the Stanley home who II
is claimed. made the charge out OF
spite. after having bcen caught with a
dress on. which the Stanleys claim she
stole from their home.
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DEAL