Mountain Home Republican. [volume] (Mountain Home, Idaho) 1915-1946, 1918-08-03
NON-PARTISANS TO
STAY ON TICKET
Judge Smith Decides he Has
no Power to Decide Who
May File as Candidates
for State Offices.

|
Seventh judicial district, in court at
Weiser Monday granted to w, R.
Hamilton, individually and as chair
man of the state central committee
of the Democratic party of Idaho, an
order to show cause and restraining
the National Nonpartisan league, an
unincorporated association, William
G. Scholtz, individually and as man
ager of the Nonpartisan league of
Idaho; Ray McKaig, individually and
as field secretary of the Nonpartisan
league; Judson King, 0. NJ Tronaas,
c.. w. Booth, James Pendlebury
Fred p. French, individually and as
members of the state committee Of
the Nonpartisan league; II. F, Sam
uels, o. G. Zuek, William A. Fife,
w. p. Rice, B. A. Cummings, Mike
Villeneuve, l.. |. Purcell and G, r.
Jeppesen from filing and accepting
nominations on the Democratic
ticket on or before August 3, and
restraining W. r. Dougherty, secre-
tary of state, from receiving them.
The complaint was filed by Chair
man W. r. Hamilton Monday morn
ing and the arguments heard by
Judge Isaac f. Smith at o'clock in
the afternoon.
Attorneys E. j. Dockery and w. b.
Davidson of Boise argued the case
and the restraining order was granted
by the judge few minutes before
in on the evening train, Mr.. Dockery
train time. Attorney Dovidson came
remaining until later train to dis
cuss matter pertaining to the case
more fully with Doctor Hamilton,
who was detained at Cambridge the
greater part of the day performing
a critical operation.
Hearing of the case has been set
by the judge for Thursday August l.
at 10 a. M
The order to show cause issued by
Judge Smith is sweeping in char
acter and should lead to settle
ment of all the issues raised in the
controversy In this order William
G. Scholtz, individually and as man
ager of the Nonpartisan league in
Idaho" Ray MeKaig, individually
and as field secretary of the Nation
al Nonpartisan league" ct al, in
cluding all the candidates named for
state and federal offices, are cited
to appear before Judge Smith in
court in Weiser August /, at II
o'clock in the morning, to show
cause why they should not be per-
petually enjoined and restrained
from fling with the secretary of
state the names of H. f. Samuels as
for governor and all the
other candidates as nominees on the
Democratic ticket.
Similar action is taken against w.
T. Dougherty, secretary of state, to
prevent him from receiving any NOM
nations of Nonpartisan candidates
for filing on the Democratic ballot.
The Nonpartisan candidates are also
to show cause at the same time why
they should not be restrained from
accepting nominations on the Demo
cratic ticket The secretary of state
is to be restrained also from receiv
ing acceptances under the circum-
stances cited above.
Among the arguments submitted
by Dr. Hamilton's attorneys were
the facts that the Nonpartisan league
is political organization, has held
party caucuses, county and state con-
ventions and adopted a platform not |
in harmony with the Democratic |
platform, and that the nominees are
not Democrats. but have entered in
to a conspiracy framed for the pur-
pose of capturing the machinery of
the Democratic party by fraudulently |
claiming to be Democrats by taking |
a false oath; that their acts commit |
fraud upon the Democratic party and |
the individual members of the party |
The temporary injunction grant
ed against Secretary Of State w. T. |
Dougherty to restrain him from ac-
cepting nominations of the Non |
partisan league, and directing the
officers of that organization pot to |
file nominations for the Democratic |
primaries. was dissolved Thursday
by Judge Isaac F. Smith, of the
Seventh judicial district court fol
lowing the hearing at Weiser. This
action throws the case instituted by
State Chairman w K, Hamilton of
the Democratic committee out of
court and payes the way for the
of state to receive the
nominations, file and accept them.