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

occurring subsequent to the election
The people of this state who pic
neered the direct primary election law
foresaw that controversies would arise
from time to time over the various
provisions of the measure and in the
very first section of the original &C!
they pleaded that those to whom is in
trusted the execution or the inter.
probation of the primary election law
be reasonable and not too prone to
search for doubtful or uncertain mean
ing or for explicit direction and de-
tails in all things "to the end that the
protection of the spirit and protection
of said laws (the general laws of Mon
tana) shall be extended so far as pos
sible to all primary elections, and
especially to all primary nomination
elections provided for by this law"
(Sec. 631 R. G. 1880
Plan I, i.e., the party convention
plan, was employed by the Socialist
party of Montana for nominating it's
candidates for state offices to be
voted on at the general election of
November 7, 1922. The nominations
so made were approved by this court
in State ex rel. Mills " Stewart, Ga
Mont 453, 210 Pac 465.
Plan II, lie. the nomination of an
Independent candidate, without party
designation or label, by the petition
of individual electors to the number
specified by the statute, was employed
to nominate Park Smith as an indie
pendent candidate for the office of
state senator from Lewis and Clark
county at special election called for
December %, 1928 for the purpose of
filling the seat in the state senate left
vacant by the death of the incumbent
Frank D. Miracle. The nomination so
made was approved by this court in
State ex rel Reibold v. Duncan, SIS
Mont. $50, 1T Pac. $50.
Plan III, lie. the nomination of
party candidates by the direct vote
of the electors of the party at a prim-
airy nominating election, was employed
to select candidates for the office of
county treasurer of Silver Bow county.
At the general election of November
4, 1912, William McPhail was elected
county treasurer for term of four
years to commence on the first Mon
day in March, 1913. Following such
election he qualified for the office but
on January %, 1913, before the COM
mencement of his term, he died where
upon, empowered by Article XIV, Sec
ton 5 of the Constitution of Mon
tana, the county commissioners ap-
pointed Phemia McPhail to fill the |
vacancy and she qualified and as
sumed the duties of the office on the |
first Monday in March, 1913. The
constitution (Sec. 5, Art. XVD pro-
vides that "the appointee shall hold
his office until the next general cleo
ton" and prior to the primary cleo
ton of July 1914 certain persons filed
nominating petitions as candidates for
the nomination of either the Demo
cratic party or the Republican party
for the office of county treasurer for
the unexpired term. The plan of
nomination so adopted (Plan IT'D was
approved by this court in LaBorde "
McGrath !. Mont. Il. 149 Pac (2d) /
913, decided less than one year ago
wherein the court said: "It is quite
apparent from the language and pur-
pose of the act that the people of this
state, in initiating the measure,
sought to curb and correct the alleged
abuses obtaining under the convention
and caucus methods of nominating
candidates by making the provisions
of the Primary Nominating Election