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

y
Monday in January 1917. Such sem
tor qualified and represented tn
l. county in the 14th legislative assen
g bly, following which session he r,
signed. To fill the seat so left vacar
! and for the unexpired term, Frank I
!. Miracle was nominated for the offic
i. by the Republican party and Ira I
) Wight was nominated by the Demo
n cratic party. At the general electio
! held in November, 1918, Mr.. Miracl
p received more votes than Mr.. Wigh
/ and became the duly elected senate
to fill the unexpired term aforesaid
! II days after his election, Senate
: Miracle died and days thereafte
? the governor, empowered by the pro
2 visions of section 45 of Article V o
! the Constitution of Montana and sec
ton 452 of the R. C. 1907 being sec
ton 533 R. C. 1885, called a specia
election in Lewis and Clark count,
for December %, 1918, to elect a sen
, ator to fill the vacancy and day.
thereafter (Dec. 2, 1879 the board O
county commissioners issued its proc
lamation for such special election
The question then arose: How many
candidates for the office to be filled
be nominated? How may their names
be properly placed on the ballots tt
be used at the special election?
On November 80, 1918, the Republic
can county central committee, acting
through its executive committee, as
sumed to nominate Park Smith as the
party candidate of the Republican
party for state senator and certified
his nomination to the county clerk,
who refused to file the certificate.
lWhereupon application was made for
a writ of mandate to require the coun-
ty clerk to file the certificate and
place Park Smiths name on the bal
lot as the candidate of the Republican
party. In State ex rel. Smith v. Dun
can, supra, this court held chat the
committee has not any authority I'M
der the primary law or other statutes
to make an original nomination, as
was attempted in this instance" In
the course of its opinion the court
said: Under the convention system
of nomination the central committee
never had authority to make original
nominations. 1t was only after duly
constituted convention had made
nomination and a vacancy occurred
before the election that the commit
tee was authorized to act. 1t did not
make an original nomination, but
merely filled the vacancy. But coun-
sci for plaintiff rely upon the provi-
sions of section 80 of the Direct Prim-
airy Election Law claws 1913, D. 57O)
for the authority exercised by the
committee in this instance Was it
the purpose of that act to clothe the
central committee with power to make
a nomination originally? We think
guage of section 80 would lead to a
result at war with the intent and pur-
pose of the entire measure. 1t is en-
titled "A law to provide for party
nominations by direct vote, and the
title of a statute is indicative of the
legislative intent in passing in.
Within the compass of this act it
was clearly the purpose to confer the
power to make original nominations
upon the electors voting at a primary
election. If we eliminate from the act
the idea of direct nominations by the
electors, nothing whatever of conse-
quence remains. In order to interpret
must be kept constantly in view, and
every section of the act read with
that idea in mind.
Finally it is insisted that since
Mr.. Miracle was nominated at the
primary nominating election held in
August last, his death after election
created vacancy within the mean
ing of section 80 above, and that the |
committee did nothing more than fill
that vacancy. We are unable to ap-
preciate the subtle refinement of
reasoning which would justify such a
conclusion. If at the time of his |
death Mr.. Miracle was a candidate |
for state senator, then his death |
created vacancy which the commit
tee could fill. If he was not such
candidate, then his death created
vacancy in the office of state senator,
but not vacancy in the candidacy
Of the Republican nominee. Mr..
was elected to office on No
5 and when the polls closed
on that day he ceased to be can
didate."
Plan II was resorted to by Charles
Reibold and 283 other qualified cleo
tors Of Lewis and Clark county who
joined n a certificate, nominating Park
Smith as an Independent candidate for
state senator without any party des-
ignation or label These electors, pro-
ceeding under the provisions of sec
ton 524 of the R. G. 1907 presented
their signed certificate to the county
clerk for filing to the end that the
name of Park Smith would appear on
the ballots at the special election as
an Independent candidate for the Of
ice. Upon the refusal of the clerk to
lie the certificate, application was
made to this court, State ex rel Rel
bold v. Duncan, supra, for a writ of
mandate to require the clerk to file
he electors certificate. The only is
ue involved was whether or not the
electors had the right to certify Park
Smith as an independent candidate
or the office to be filled at the spe-
:ial election called for December %,
918. In other words, was the method
# nominating independent candidates S
provided for by section 524, R. c. 1907 |
Plan III available or had section 524 {
'een repealed by the adoption of the