Show 1 FUSION PROTEST H IS DOWN Recorder R Moreton Will Democratic Candidates on Republican Ticket 1 A BY JUDGE HILE HUES HILEN rJ N OT illS HIS IS DUTY ITO TO PARTY AFFILIATIONS In n a decision rendered by J 3 B Mon Mon Monto Mo MOl to n city auditor he overruled the ti m n made by b Dog Catcher Morris to th icing king on the tue Republican ticket of th na me me of ot George G Smith the Democrat no for the tile council In the Secom Second w pd d for the short term terra The he recorder says he finds fillds that the cel ei i ate of ot nomination by b the special con com co coIn eim m In of ot the Republican party namin on Sn Ith to fill the vacancy caused by tin th resignation rel re Ignation of oC Charles E Davey to be 1 I Isu Isu substantial su compliance to the statute r rt 11 r qu i although not technically co coi core core reHi re t and that he h Is advised by Hi es city attorney that It is not his dut or orga province to decide on the ability or It b I Iga ga ity of the special campaign committe commute of the Republican party to go outside th pal pai ty to name a Democrat as a ca cai caia or to decide whether Smith I 1 Ia ia a Democrat or a This h hs sa s would be a matter to be b determine by b the courts In conclusion Mi Mc reton says that he will place Smith na na ne on the Republican ticket 1 his opinion covers all the protest ag fusion which have been made an anIf anIf If hey are carried further it must b be dot e in the torm of mandamus proceeds proceed lug I before the supreme court courtr I Tiie r he ie recorders opinion follows I IThe The Recorders Opinion Objections duly duh made In writing to the theng pla pIa Ing ng the name of George G Smith on the official ballot as candidate of ot the See Sec ond nd municipal ward on the Republica ca ticket was flied filed with me as city re reler cor ler on Oct Olt 25 1907 1007 at 93 J p I n fl nn fla n a Sec 8 of ot the revised statutes of the state of ot Utah of oC 1898 1595 it is provided In case such objection Is made notice ther shall shail forthwith be mailed to all the candidates who may be affected ther thel eby eb addressing to them at their re spec tive tIe postoffice addresses If IC any or ores es of residence as given in the cerate ate at of nomination The officer with whom the original cert was wa filed flied shall pass upon the alk valle of such objection and his decision 1 be final provided that he shall de tIe decide cide such objection within at nt least forty elgh t hours after the same is filed and any an objection j sustained may m be remedied or cured upon the original cat j within three days after such objection objection tion Is sustained Advised by Judge Hiles Hues J I am ant advised ad by lion Hon Ogden Riles lilIes til th city attorney that the city recorder is Iril I Ino ino no c case ase authorized by law and It Is in inIn inin In n cs CI se e his duty to go behind the face of the he I Japers before him to decide or deter determine determine determine mine any an disputed question of law which he tile c of Qt parties shall evoke but buthis buthis his lis c nl duty dut and function is to see that the apers on their face tace conform to the statu tes tea of the state of Utah Therefore In n gl gi wing my decision on the objection as mad made 2 by Mr Ir M 31 I 1 Morris to the name of Mr 11 corge G Smith being placed upon the official o 0 tidal ballot as candidate for tor council councilman councilman councilman man Tor or the tile Second municipal ward on the ticket I find nd that while there are some de den detects defects In n the said certificate of oC nomination of Gd G C orge G C Smith and the acknowledgment ment as filed tiled by b the special committee of the If party of oC the Second mu it II ward naming said George G Gas t as the nominee for tor the term to fill the tho vacancy caused by the th tation laUon of Charles E Davey Dave yet the said certificate of nomination and the wl are in substantial com corn come e with the form provided for liy the thees statu es relating to elections in Utah Not Recorders Duty I 1 t tor ke it that it is not within the dut duty or pr pring wince Vince of the city recorder In pass passion passIng passing ing u uhe ton ion those objections to decide on The he the al lIlt or legality of the special cam campaign campaign committee of oC the Republican party of ot t Second municipal ward to go out outside outside side t heir party to name a Democrat as ason asa asa a fus on candidate or to decide whether said l eorge Jeorge G Smith is a Democrat or a alican lican but that It would be a mat matter matter ter to toI be bo determined by the courts I t decide that I would not be bed d in sustaining the thc objections and will t tt place the name of George G Gon GSmith GSmith Smith on the official ballot of the Re Rc Rein Republic public in party p rt as nominee for councilman for t tI e term from the Second muni pal ward to be voted for at the muni pal election to tobe be held Nov 5 1907 |