The people's voice. [volume] (Helena, Mont.) 1939-1969, 1945-04-06
JUSTICE ADAIR DISSENTING

The Hon. James +. O'Connor died
while serving as the duly elected and
qualified representative in the Con
gress of the United States from the
second congressional district of the
state of Montana.
The Constitution of the United
States provides that, when vacancies
happen in the representation from any
state. the executive authority Thereof
shall issue writs of election to fill
such vacancies" Cart 1, Sec. -
Empowered by the above constitu-
tional provision, the governor of the
state of Montana on March 7, 1915,
issued a proclamation calling for the
holding of a special election, on June
5, 1915, in the several counties of the
state comprising the second congress
sional district of the state at which
the qualified electors of such district
shall elect representative in con-
gress to fill the vacancy now existing
No proclamation or writ of election
has been issued calling for any prim-
airy nominating election for the choos-
ing of candidates for the office to be
filed by the political parties of this
state.
How then may qualified person
who aspires to the seat in Congress
left vacant by the death of Congress
man O'Connor place his candidacy be-
fore the qualified electors of the End
district? What must he
do to have his name printed on the
ballot as a candidate at the June 5,
1915, election? How may he be nom
mated?
Three plans or methods of nominal
ng candidates have been provided by
he laws of this state. The first plan
provides for the nomination of candi-
lates by political parties at a con-
yention or primary meeting of the
,arty The second plan provides for
he nomination of Independent candi-
lates by Independent electors ire
pective of party affiliations. The
bird plan provides for the nomination
# candidates representing the various
,olitcal parties by the direct vote of |
he electors of such parties at direct |
primary election held for such pur-
,ose.
PLAN Il Nomination by Conven-
by Secretary or Pres
dent of the Convention.
By an act passed by the 10Th legis-
alive assembly of the Territory of
Ioptana and approved March IS, 1889
Laws Of 1889, page 1850, it was pro-
ided that candidates for public office
, be filled by election may be nomi
ated by party convention or
arty primary meeting held for that
urpose. The act defined a conven-
on or primary meeting as IAN organ
led assemblage of electors or dele
ates representing political party or
rinciple." Upon the selection of a
ominee or candidate the secretary
+ president of the convention or prim-
ry meeting was required to make out
nd file wit hthe secretary of the
erritory and with the county clerk
the respective counties wherein the {
'ficer was to be elected, certificates
nomination. The filing of the [
roper certificate of nomination with
le secretary of the Territory and /
18th the county clerks entitled the
ominee so certified to have his name /
)pear upon the ballot at the election. &
lbsequent legislation prescribed the /
of those entitled to vote i
any caucus, primary meeting or a
ection held by any political party s
Id for the challenging of the right c
ANY person offering to vote at such s
Iucus or primary meeting. (Sections c
3, 624 and 627, R. C. 1880 The
lrly act of the territorial legislature
Is been carried forward in the codes, i,
nee, being sections 521, 522 and 523 !.
the R. G. 1907 and sections 612, 613 :
i'd GA of the codes of 1921 and 1885. .
PLAN determination by Independ b
it Electors-Certificate by Independ- C
t. Electors. i
A second plan or method. for the
animation of independent candidates
+ public office was provided by the r
ove mentioned act of the territorial Il
gislature claws 1889, p. 1867 This p
cond plan permits the nomination u
independent candidates by the cleo II
RS residing in the district to the a
mber on the act specified signing Y