Show AGAINST ROOSTER BOOSTER DEMOCRATS MAY LOSE THEIR PARTY EMBLEM the slate sin t e to file an bembi e w and art attorney orney general lu in nu FLU opinion says they cn can use IM none salt lake city oct 20 the democratic state committee through an oversight failed to file the party em cm blem which is described as it a rooster in a defiant attitude the democratic Democrat io state convention contention adopted the rooster as an emblem but the state committee through an oversight failed to file it with the secretary of state hence that officer certified the democratic state ticket to the clerk without nu an emblem state chairman ML moyle oyle of the democratic party when the oversight was discovered instructed the various county clerks to certify the rooster as aa the party emblem in the various counties which has generally been done the contention seems to be h however hoever that county officers cau can not certify to a state ticket hence if a cross was put up by the rooster it would not count for the state ticket of that th it party this question was raised by the county attorney of garfield county who asked attorney general bishop for an opinion which was rendered as aa follows the certificate of the secretary of state to the county clerk of your county in which he be certifies the names and description of the candidates nominated by the democratic state convention does not contain any party emblem the certificate of nomination filed by the officers of the democratic county convention of your county filed soon after said county convention and within the time prescribed bylaw by law d does acs not contain any reference to aparto emblem subsequent to the filing thereof and but recently the officers of the democratic county convention of your county filed with the clerk of your county a second certificate in which they certified that the said county convention did adopt and designate a party emblem it also appears that the chairman and secretary of the state democratic convention in filing the th certificate of nominations of said convention with the secretary of state did not certify that said convention adopted any any party emblem whatever upon these facts you ask to be advised whether the clerk of your county is authorized in law to place a party emblem and have the same printed upon the democratic ticket in your county Sect section ioa revised statutes in providing w what aaa the certificate of no nomination in ina shrill contain provides among other things as follows the certificate of nomination which shall be in writing shall contain the name of the office for which each person is nominated the name post postoffice office address if any the residence of each person and and if in a city the street number of resi residence and place of business if any ami shall designate in not more than five words the party which such convention or committee represents it sit shall all be si signed gued by the presiding ing 0 ricer officer and secretary of such convention or committee who shall add to their signatures their respective places of residence and post office addresses and make oath before an officer qua qualified 1 ifield to administer the same that the affi affa ants were such officers of such convention or committee and that said certificates und the statements therein contained are true to the best of their knowledge know lege and belief in section revised states relating to the emblem or design it is provided v it shall be lawful to designate the political party or group of petitions as the case may bo be by an appropriate emblem or design such as a flag eagle rooster or other device as may bo be set forth in the certificate of nomination provided that no two sets of nominations shall use or have the same sa me device and that such political party or group of petitioners petition ers shall have the prior right to use usa the device used by it at the last similar election each list of candidates for the several earties parties and groups of petitioners petition ers shall be a called a ticket and be placed in a separate column on the bollot in such order as the authorities charged with the printing of the ballots shall decide the columns column containing the list of candidates including the party name and device shall be separated by heavy parallel lines under these provisions I 1 think it clearly appears that tile the duty of the county clerk in making up the tickets and getting the same printed is purely ministerial and he be has only to follow the certificates of nominations made to him by the secretary of state or filed with him by the presiding officer and secretary of a convention held by a political politic albarty al party of his county or some lesser political division that if the certificate transmitted to him by the secretary of state fails to recite the adoption or designation of a party emblem or sign he be would have no authority in law to place any emblem or sign at the top of said ticket nor would such defect be cured in ruy my judgment by the recent filing of a new certificate covering that point and in no event would the clerk bo be vy justified stifled to ID placing an emblem adopted by a county convention at the head of the state estate ticket as that would operate to dl designate the politics of candidates I 1 nominated by a convention wholly different from the one from which the certificate emanated this would be clearly the exercise of an authority not posed by them |