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

Law generally applicable in all situa
lions wherein they could be made
: reasonably operative"
In State ex rel. Mills v. Stewart
supra, this court held that the evi
dence therein showed that the Social
ence as a political party organization
at the time of the August 1922 prim
aries. In September 1922, following
the primary election, a call was issued
for a mass convention of all voters
of Montana who adhered to the prin
ciples of the national Socialist move
ment for the purpose Of organizing
and establishing the legal status OF
the Socialist party in this state and
for the purpose of nominating candi.
dates for state offices. The conven-
ton so called met on September 30,
1922, organized and nominated candi-
dates for state offices. At this time
the primary nominating election for
the selection of party candidates to
be voted on at the regular general
election had already been held in
August preceding Following the
party convention a certificate of nomi-
nation was filed with the secretary of
state. An action was brought to re-
strain him from certifying the names
of the persons on the certificate for
a place on the ballots to be used at
the general election to be held on
| November 7, 1922 In denying the
writ the court held that the case is
governed by the decision of this court
in the case of State ex rel. Richard
so nv. Stewart, secretary of state, So
Mont. 707, 1913 Pac. 1118, wherein the
court held that, since it appears that
the Farmer-Labor party was not in
existence at the time the primary cleo
ton was held on April 20, 1920 for
presidential and vice presidential cleo
tors, but has been organized since
that time, it is now entitled to have
the names of its candidates for these
offices placed upon the ballot under
provisions of section sci of the Re-
vised Codes" The court further held
in State ex rel. Mills v. Stewart, supra,
that if the Socialist party of Montana
had been organized and in existence
as a political party at the time of
the primary nominating election of
August, 1922, that then under the ex-
press provision of section 639 R. G.
1921, t is not entitled to have the
name of any person appear upon the
ballots as candidate for any state
office at the general election" citing
as its authority the case of State ex
rel. Williams v. Stewart, Secretary of
State, So Mont. 708, 1913 Pac. lib, |
wherein the court said: 1.-THE court is |
of the opinion that since the Socialist |
Party was organized and in existence
at the time the primary election was
held on April 20, 1920, for presidential
and vice presidential electors, and |
was entitled and required under the
provisions of the act initiated and |
passed by the people at the general
election held in November, 1912 claws |
1913, p. $780, to vote for and nominate |
candidates for these offices, but |
omitted to do so, it is not entitled now
to have the names of any persons
appear upon the ballot as candidates
for these Offices"
State ex rel. Park Smith v. Duncan,
55 Mont. 376, 1T Pac. 248, and the |
companion case of State ex rel Rel
bold V. Duncan, 55 Mont. $50, 1T Pac.
$50, arose from the same facts. At
the general election held in Novem
Der, 1916, the electors of Lewis and
Clark county elected state senator
to represent such county in the state
legislative assembly for a term of