The Alaska daily empire., 1922-04-28
PAUL PETITION
Defective, HAS
ONLY 70 Names
w. L. Paul's Name May MOI
Appear on Official Ballot
in General Election.

The name of w. L. Paul as an in
! dependent candidate for the Terri
torial House of Representatives APP
parently will not arpc1r on the Off
next November, if the opinion of
United States Attorney A. G.. Shoup
holds good Mr. Paurs declaration
CT candidacy meets the legal require
ments but the petition accompanying
it does not, as they are set forth in
Mr. Shoup's opinion.
The United States Attorney gave
his opinion in a letter to Clerk of
Court John II. Dunn, in answer to
hypothetical question submitted by
the latter without particular refer
ence to Mr.. Paul's filing The opin-
ion holds that independents must
file on or before the primary cleo
tons and be accompanied by a petit
tion bearing the names of not less
than 100 qualified voters Mr.. Paul's
petition contains 70 names.
Disappointed In Primary
Paul announced several months
ago that he would enter the Republ-
can primaries as a candidate for
membership in the lower House of
the Territorial Legislature He at
tempted to do so, but his filing. sent
by telegraph from Washington, D.
c. did not reach the clerks office
until after the time for such filing
had expired and on the advice of
the Territorial Attorney General
Paul's name did not appear on the
official ballots at last Tuesday,
primary.
Declares Himself Independent
He was advised by the Clerk of
Court that it would not SO appear
and later in a telegram from Wash
ington declared his intention of filing
as an independent. His declaration
of candidacy was filed here bearing
the date of April "a, the day prior to
the primaries, thus coming within the
time limit, but the petition, which
is said to have been filed on the fol-
lowing day, did not carry but 20
names.
Opinion of U. S. Attorney
The opinion of the United States
Attorney was given to Mr. Dunn in
the following letter:
"In compliance with your request,
| submit the following re the print
ing of name of candidate on official
ballot;
"Section 10 of the Act of 1919
doses with the words Provided that
all such nominations must be filed
on or prior to the date of the pri-
mary election This refers to the
antecedent sentence the names of
such other candidates as have filed
nomination papers, as is now or may
hereafter be required by law
Sin other words in addition to
those who have received the highest
number of votes at the primary, there
shall ALSO be placed on the official
ballot, the names of such candidates
who have filed nomination papers on
or prior to the date of the primary
and who have compiled with exist
ing law
section 13 OF said Act repeats, in
terms and in toto, the previous Act
of 1917, which neither by words nor
by implication repealed any portion
of the Act of 1915 and which latter
Act, under the general rules of sta
tutory construction, remains effec.
tive as to such portions thereof as
were not inconsistent with the Act
of 1917
1.-The Act of 1915 is then the only
Act to which we can look for guild
ance as to any provision determining
what is required by law relative to
such essential elements of nomina-
ton paper as are not EXPRESSLY pro-
vided by the Act of 1919.
Section II of the Act of 1915 re-
quires that there be not less than
100 names of qualified voters signed |
to the petition; its provision relative :
to the time for filing has been !
changed by the Act of 1919, hence