Show WELLING OPENS WAY FOR PEERY Secretary of State M. M H H. Welling VeIling Thursday unexpectedly allied himself himself him him- self seIt with Mayor H Harman W W. Pecry Peery of Ogden in the latter's proposal to adopt nominees of or the Democratic party for his Progressive Independent ent ticket which he Intends to head as an independent candidate for governor Coincident with the min filing of certificates certificates of nomination for Abe Murdock Murdock Mur Mur- dock of ot Beaver and J. J Wilt Will Robinson Robinson Robin Robin- son of Pr PrOvo vo Democratic candidates candidates candi candi- dates for reelection to congress the secretary of state announced in effect ef cC- ef- ef feet that if Mayor Peery wan wanto wants to adopt these and other nominees of the party as his own ticket there will be no objection from his of of- lice ice D Despite statements contained in both congressional nominating certificates certificates to the effect no person listed hero here shall app appear ar on the tho official official official cial ballot as a candidate of any other than the tho Democratic party of or Utah Secretary Welling said ho did not regard the tho statements as a mandate against accepting the proposed ticket which Mayor Mayor- Peery has indicated will be filed next week Mr Peery has haI not yet filed tiled his Progressive Independent ticket Secretary Welling explained but I Ido Ido Ido do not regard the language of the Murdock and Robinson certificates certificates c cates as a mandate forbidding me mc meto meto to certify tho the candidates thereon upon other tickets if that occasion arises Secretary Welling explained he construes chapter 29 of or the 1933 session laws to mean that a candidates candidate's candidates candidate's candidates candidate's can can- name flame may appear on more than one ticket on the thc same ballot and that any certificate of nomination nomination nomination nomina nomina- tion based on a statute whose enactment enactment en en- precedes the 1933 law mu must t. t bo be interpreted in the light of or the latest expression of legislative in in- tent Deputy Attorney General John D. D Rice recently ruled in an oral opinion opinIon opinion ion that the law forbids the name of or any candidate for public office appearing twice on the November ballot bailot citing statutes enacted before before be be- fore the passage of the law While there apparently is no nobar barrier bar barrier barrier rier to Mayor Peery's proposed adoption of or the Democratic ticket with the exception of the gubernatorial gubernatorial tonal nominee in Mr fr Welling opinion the secretary of state pointed point point- ed out out- Democratic candidates not desiring to appear on the Peery ticket can withdraw o by writing by his office The latest development In the three sided gubernatorial race leaves Democratic nominees hi tn somewhat of a dilemma observers agreed since some desire to run with Peery in addition to appearing appearing appearing appear appear- ing on the regular ticket while others feel that their election ma may be contested should they take this course |