Show CLERK K A AGREES H T To C COMPLETE BALLOT i H H. C. C Smith clerk lerk of Carbon Carbon Carlon I county was advised today by telephone the attorney gen generals general's ra office office through James H. H Wolfe assist assistant assistant rit attorney general to place t the e names names of of the the Labor Farmer candidates tes ori official cial ballot he having refus d t td d do SO so claiming the na names es of ff the candidates te had not been filed in in ni time clerk Smith stated that he o would olit lit comply with the request This PI morning the attorney general geneal received a telegram from F F. F R. R Porter chairman of the Farmer Labor Farmer Labor party and James Boran secretary of Carbon county at Helper requesting that the name of their candidate be placed on the official ballot of he county The telegram read The people and voters of Carbon county want Labor Farmer candidates candidates' names placed on the offIcIal official cial ballot They were filed twenty da days s 's before election with the county clerk and no notice has been printed of any c change ange in time CLERKS CLERK'S CONTENTION A letter from Clerk Smith was also received this morning g at the attorney generals general's office saying that the names of ot the Democratic and Republican candIdates candidates candidates can can- had been placed on th ticket and certified to the New Century Printing company of Provo who are printing the official ballot twenty six days before election as per your letof letter letter let let- ter of April 26 1920 giving the printing company on account of the absent voter law On October 14 a letter fetter was sent Clerk Smith by the attorney general saying there was a misunderstanding of the purported opinion which he had given relative to the time of filing the names of candidates Yesterday afternoon application was made the supreme court in chambers by C. C L. L Spiegel secretary of the Farmer- Farmer Labor state committee for a writ of mandate to compel the clerk of Carbon county to place the Labor Farmer candidates candidates candidates can can- on the official ballot In that county ARGUMENT FOR WRIT The application was made by W. W S. S br Dalton attorney for Mr Spiegel and in his argument he stated that the names were presented the county clerk of the county on October 13 which is eighteen da days s 's before election but that the clerk refused under the absent voters law of if 1919 which required the county clerk to have printed and delivered fifteen days before election the absent voter ballot which must be different in color from the regular official ballot The contention n of Mr Dalton was wu that the filing of the ticket fifteen days be before before before be- be fore election fully complied with the law lawand lawand lawand and entitled the party so filing to have havethe havethe havethe the ticket printed on the official ballot and that refusal to do so thwarted the will of oC the people He cited the opinion of oC the supreme court in 28 21 Utah which declared that even though a ticket was not filed in time the purport of oC the election law was to carry out the peoples people's will and that a ticket filed later than the time stated in the statute was wu legally entitled to be placed on the official official of of- ballot Coincident with this he stated that the case cited came from Carbon county James H. H Wolfe assistant attorney- attorney general appeared for the clerk of of Carbon Carbon Carbon Car Car- bon county After argument the court took the matter under advisement with the understanding understanding un un- un- un that Clerk Smith was to be I advised to comply Imm immediately with the request of oC the Labor Farmer-Labor representatives representatives representatives otherwise it was said sald that an al alternative alternative al- al writ of mandate would issue issue- returnable at an early date when he would have to show cause This morning Clerk Smith was advised as stated by Attorney General Wolfe and he stated he would comply and place the names on the official ballot hence no mandate will issue |