Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-31
CHIEFS OF REFORM PLAN se
APPEAL TO SUPREME COURT

pendent nomination papers to be fled Tor
Governor Stone and others on the ground
that they had already been nominated by
the Republicans.
Judge Stewards decision was based on
an act of 1897.
Judge Vessels decision in part was al
follows:
This is objected to, it being conteuded
that when a person Is designated byta
regular political party as its candidate
for a designated office and such person
does not decline such nomination. other
electors cannot by an independent noml-
mating petition secure a duplication OF his
name upon the ballot under some other
appellation.
This objection is supported in Common
A political party-that is. a party
within the legislative sense--has a right
to have a separate column on the ballot
for it's own ticket, and II is a matter
Of no concern to the law. so far as re-
CARDS the composition OF the ballot who
Compose that ticket whether II includes
The same names that appear on other
tickets or not It Is an unquestioned right
that each party has to name its own
ticket and constitute ii as II pleases
but with respect to Combinations
which are less than parties the law -
different. When either of the established
and recognized parties has placed cam
dIdate in nomination for a particular Of
Ace and has secured for such candidats
a place on the official ballot. what pos
the same name to again appear In con-
nectlon with the same Office by virtue OF
eFs eTsrv viii be Drasa ss ss
privilege Of voting for this particular
person in a sufficiently convenient way. It
helpful TO the political body that asks
the privilege The law was not designed
20 advance the interests OF political com,
binations, but to secure a safe and con-
Venient ballot that In it's turn would se-
cure an honest and intelligent expires.
sion OF the popular will. 1t regards
mere political combination--one less than
a party--as a body of dissenters, and az
fords them facility for expressing their
dissent on the official ballot. by placing
thereon a candidate but II must be
candidate not already nominated by
party. 1t8s
Judge Vessel disagreed with the Town
Meeting party's contention that the entire
situation was changed by the act OF Aprli
%, 1903, amending the previous acts OF
1897 and 1908. BY this act the reason
given for the decision OF Judge Stewart in
Sterr VS.. Martin Is made of no future
value" The brief called attention 10 an
opinion by former Attorney General Car
son and stated that the present situation
is the first time such fusion was Attacked
pointing out that the fusion magisteriaI
candidates were not under fire
TO KEEP OFFICE OPEN
To permit the amendment OF sdefectlve
Town Meeting nomination papers for the
county offices Judge Davis today ordered
the County Commissioners Office to reriain
open until 3 o'clock this afternoon. In
to noon 1898 names had been legalized Of,
the nomination petitions, or more than 500
more than necessary to make the Towa
Meeting party an actuality. In making
this order Judge Davis cleared up a point.
as follows: B
THE question has been raised .whether fho
voucher Of particular sheet should be a
signer thereof These sheets, when, placed
together and filed, mako the nominalIon
paper. The same question was raised in 4
case decided in the Dauphln County courts
I'm 1898. That opinion does not seem 10
have been reversed and we concur therein.
and direct that vouchers be taken in cases
arising under such circumstances
1T Is further ordered that. In view Of
the many questions arising and the trnt
necessary 10 consider and dispose 81
the same. the County Commissioners
Philadelphia County keep their once one
for the hling OF proper vouchers 10 accor,
ance with our opinion OF October 90. io17
until o'clock p m. of this, the thirty-nrsi
day OF October. 1917"