The Hartford republican. (Hartford, Ky.) 18??-1926, 1917-11-23
KY'S. HIGH COURT
ON ELECTION LAW

action in the Ohio Circuit Court,
against the defendant, w. c. Blan.
kenship. who was the clerk OF the
county court. and sought mandate
~ Injunction to require the defend
ant to cause the names of all the
nominees, above mentioned, to be
printed upon the official ballots, un-
der the emblem of the Democratic
party, az candidates for the offices
for which they had been nominated,
respectively. II will be observed that
the plaintiff. H. G.. Daniel, was one
of the nominees for an office OF dis.
trict of the county, but the plaintiffs,
Ellis and Casebier, were not nomi-
nees. but were citizens of Ohio coun-
ty and entitled to vote at the No
yember election, and claimed, that
the right TO have the parties names
printed upon the ballots. as candi-
dates. was matter of public and
common interest to all citizens of
the county, and for that reason they
we're entitled to sue for that pur-
pose.
The regular Judge OF the judicial
district in which Ohio county is sit
waited, being absent from the district,
the plaintiffs. after having given no
tica OF their intention made q motion
before another circuit judge, in vaea-
ton. who was in an adjoining coun-
". to grant q mandatory Injunction
against the defendant, requiring him
to cause the names of all the above
mentioned nominees 20 be printed
upon the ballots to be used at thu
regular November election. as pray
ed for in the petition. Upon the
hearing OF the motion, 1t was sus
,ained and the injunction granted.
Thereupon. the defendant on the fol-
lowing day, which was November
End. having given notice, made a
motion before me. as a judge OF the
Court OF Appeals, to dissolve the m
junction. ' 2L-.g 800
Upon the hearing of the motion to
dissolve the injunction, the right of
the plaintiff, II. G. Daniels, to main
.ain the action to require the clerk
TO cause to be printed upon the bal
lots, the names of any Of the par
ties, other than himself, and the
right OF the plaintiffs, Ellis and Case
bier, as citizens and voters Of the
county, to maintain the suit for any
purpose, was questioned but it is
not considered necessary to determine
that question, as the decision OF an
other issue, which applies to the
rights of all the nominees, alike, full
ly disposes of the entire controversy.
For the plaintiffs, it was insisted.
that, il was the duty of the county
court clerk to cause the names of the
nominees, above mentioned, to be
printed upon the official ballots for
the use OF the regular November
election, although the certificates Of
nomination had never been filed with
him; while for the clerk, it was in
sisted, that, he was without author
ity of law to place the names upon
the ballots. when the certificates OF
their nomination had not been filed
with him fifteen days preceding the
day OF the regular November cleo
tion.
Previous to the enactment OF the
primary election law OF March 5th,
1912, and which, with its amend
ments of March 2S. 1914. is now
Section 1850, Kentucky Statutes, the
general election law governing the
holding OF the regular November
election. controlled and prescribed
the manner In which candidates
names could be placed upon the bal
lots. Section 1433, Kentucky Sta
tutes, provides that the county clerk
should cause to be printed on the re-
spective ballots the names OF all can
didates nominated by the convention
and primary election OF any party
that cast two per cent Of the total
vote of the state at the last proceed
ing general election. as certified 10
the clerk by the presiding ofacer and
secretary of said convention. or In
the ease OF primary election. by the
secretary and chairman of any dis
trict committee, and. also. the names
of any candidates for any ONCE when
petitioned so to do by electors. quail
flied to vote for such candidates.
etc" Section 1856 Kentucky Sta
tutes, provides, that. Certificates and
petitions of nomination herein direct
ed 10 he filed with the clerk of a coun-
ty shall be filed not more than sixty
days and not less than fifteen days
before the election" Section 1857,