Show SEVIER GO CO BALLOT NOT TO BE ALTERED the supreme court in an opinion handed banded down this morning denies the application toi foi a writ of mandamus to compel edwad ross county clerk of seier count counte to place the named of 11 II N clayes aid 13 E U hoffman offman II candidates tor for district judge and distinct attorney respectfully of tho the sixth judicial district upon tho the official ballot of that county under tile tho third party emblem the opinion was written ly by justice and la is concurred concu nod ried in by chief justice crick and justice mccarty last saturday the third party applied to the supreme court tor for A i will to compel the county clerk of sevier county to place the names of llaca and hoffman offman II oil oa the official ballot under the third party em cm blem the clerk refused to do so 00 on tho the ground that the names of clayca ilay and hollinan Hol finan already appeared on oil the ticket under tho democratic emblem the court iu in the opinion holds that tho the duty to place on or biase bioni the official ballot la Is a power delegated to county clerks who make up the tha ballots and not to the secretary or of stat who certifies iowa down to the clerks tt ti a nominations tiled filed lit in hla his office deseret news uintah countes Coun tys case uintah county has a case which comes under tile the same head an aa that sevier county except that in aln tah county clerk lynne ashton allowed the names of wallace calder candidate for county attorney and of jacob W olsen candidate for assessor to appear on the ballot un doi dei both the republican and the Progress ashe he party f the question la Is now agitating local politicians as to tile the pro boble status of the county progressive baity ticket on which appears the names of mi M calder and mr olsen attorney don 13 colton the tt hole interpretation of decisions affecting elec tlona Is that the intent of the voter shall be carided can led out as far as his intent can be ascertained and while in this case I 1 do not think the clerk was compelled to put the names of mr calder and mr olsen on the progressive ticket having done so BO I 1 do not bellevo believe a vote vota cast for that abat ticket should bo be thrown out so BO tar far as it affects these two candidates attorney charles demoisy 11 1 I believe it to be the plain duty of the tha judg of election to count whatever votes appear on the ballots in their district regardless of the question as to whether the name of the candidate appears upon more than oue one ticket on the ballot the ilie judges of election are not judicial officers and can not determine questions of law if after the ballots are counted and any candidate should be dolfl satisfied with the results of the election he has baa his demeay in court and may or may not appeal to tho the court for his remedy if such a case was brought bi ought before the court the court might following the rec ent decision of the supreme court 0 of the state find that the names of certain tain nominees were improperly placed upon the billot 1 I can not bellevo believe that any court would refuse to count the votes tor for the nominee thus improperly named in the ballot as by doing so be ba would deprive innocent voters of their right to vote note solely on account of the error of an officer charged with the duty of preparing a ballot attorney T W 0 donnell it Is the duty of the county clerk to make up the official ballot and it Is within hla his province pro Nince to place or refuse to place on the official offitt li ballot the names of nominees if they are to occur thereon more than once 1 I do not believe the county clerk would mould hae bane been in error had he be limited the names of mr air calder and mr olsen to appear on the official ballot but once inasmuch however bo Never fia as their names appear on the ballot as now made up tip under both the progressive and republican tickets and the act of the clerk is a quasi judicial act it Is the plain duty of the judges of election to count every enery vote cast for mr calder and mr olsen on either ucklet the will of the voter can not be thwarted by any trivial error on the part of any one neither can the judges of election constitute themselves a court to determine what ballots should be counted and which shall not their only duty in the premises prem isea Is to count all votes and republican watchers should report any failure on the part of the judges to make such count |