Show I REPUBLICAN KNOCKOUT Judge Roapps Decision in the Wtber Ballot Case THE PETITION IS VOID DOCS NOT COXFOIUITO THE LAAVS I RE1Ril In Conseiiiicnce the Itcpnhllcnn CnudldntCH Cnnnot De Voted For Under the Party Name or Emblem of the Independent Republican In Ogden yesterday Judge Rolapp rendered a very Important decision I is a complete defeat for the parties who were trying to get the names of Republican candidates on the ticket under the emblem of the Independent Republicans After reviewing the history of the case and the requirements of the law the opinion continues In this case it seems the signers selected as a polltcal name the following follow-ing words Independent Republican Party to which they added the selection selec-tion of 16 to 1 bee hive emblem which ton I doubt was either required or authorized author-ized The clerk had theretofore re I n u from thn secretary o f ceived tcio e secre tar state that a party under the name of the Independent Republican party had regularly nominated their candidates and adopted said name and the 16 to 1 bee hive emblem as their party device de-vice lI Is admitted that this organization organiza-tion together with its name emblem and nominees came into existeqce by a certificate of nomination as provided section 6 of the election act When the signers upon that certificate fed it with the secretary of state Its effect ef-fect ceased except a to the rights requested re-quested and required thereunder to wit That certain electors and a congressman con-gressman should be placed upon the official ballot of each county Such certificate could not be supplemented by the filing of any Other certificate of nomination for offices not filled or named by the original certificate or its signers because if the signers of the certificate In question had the right to have their nominees voted for under the selected name and emblem of any other signers who had failed to make local nominations clearly any other hundred voters could do the same thing if prior in time Or in other words if say the Republican party of this state should for any reason only choose state officers can it be contended contend-ed that any 100 voters in the county could name the regularly nominated local candidates of the Democratic ticket and by the mere filing of a certificate of nomination claim the right to have such Democratic Demo-cratic nominees voted for under the regular Republican emblem In that case it would simply amount to the fact that certain voters had chosen the name emblem and part of the nominees nomi-nees of one party and part of the nominees nomi-nees of another party That was never the intention of the legislature in framing fram-ing the election act And yet that is exactly what the petitioners in this case claim So far as the certificate discloses or so far as the testimony discloses the signers of this certificate had neither name emblem nor nominees of their own They simply borrowed the name emblem and nominees of certain cer-tain persons who had theretofore properly prop-erly organized for the purpose of haying hay-ing these facts appear upon thr > nffl uJon cial ballot and thereafter the signers of the certificate In question borrowed the nominees of the convention of another an-other party and clilm now that they I may add the two together and come within the provision of the act enabling enab-ling persons to make independent nominations nom-inations The sixth and seventh requisites In my opinion are the most Important because they affect the genuineness of the signatures of the signers and of their having taken the oath subscribed by law I am of the opinion that the cer tificate attached In both the original and amended form is simply an acknowledgement ac-knowledgement and that there should have been attached over the signature of each subscriber an oath as in the act prescribed The object of this act Is to insure purity in all matters pertaining per-taining to the election and electon a great many apparently trifling formalities have been Inserted In the act for the purpose ofsecuring the objects desired I is the well known experience of all men that people will thoughtlessly wi thouhlessly attach at-tach their signatures to almost any kind of a petition presented For that reason no doubt the legislature provided pro-vided that in so important a matter as the nomination of independent candidates candi-dates great solemnity should be attached at-tached to the act I am of the opinion that the mere testimony of the notary that the subscribers took the oath Is insufficient In the very nature of things many a person might never have taken such an oath and yet through the forgetfulness of the notary such facts would be impossible to prove My attention has not been called to any case where except taking tak-ing a judicial oath the usage has been established that such oath can betaken be-taken without the signature of the person per-son taking i and I believe that is the intention of the act But even i the amended certificate was sufficient and granting that it was filed within the three days allowed by law yet that f petition did only have Che names of 97 person attached to i who had even attempted to comply wjth the statute The mere fact that some other persons per-sons within the six < sye or of election had additional certificates attached would not enable them to claim to be within the provision of the act I am of the opinion that the I Clerk should be ordered to desist and refrain from printing the official ballots bal-lots In the manner proposed ana that the candidates nominated by tKe certificates cer-tificates In question cannot be voted for under the party name or device of the Independent Republican party Proper Judgments and orders may and be drawn opinion to carry Into effect this order |