| Show 10 L I If f PRIMARY ELECTION i LAW INTERPRETED Idaho Supreme Court Hands Hand Down Important Decision In Matter PICTURE HOUSES ARE CLOSED CLOSEt Exhibition Held to bo lit Violation ot nr 01 Sundar r nr Best t Closing Clo Disreputable JOU c I Special Correspondence I OlaF OlaE Aug iao primary B mary mILT election law In I constitutional LIonal fV d tho sUpreme court of ot this tato In nn an opinion handed bonded down dol In t week e In the tho COM case of ot o r O 0 c Adams Miami vs Robert It bert LanK how IAl howdon don of ot state According to thle opinion O It Is 18 hold mandatory upon the t e elector f to voto for or second chole where thero aro oro am mor than two to candi candidates dates datu for tor office and that the provision of ot tho the law rotating relating to the of ot r candidate for tor nomination arc aro con trued to mean all nil his hll expenses nt at tilt nil 11 which aro uro Incurred for the pro pru promotion promotion motion oj ot his hili candidacy and date trunk from th tho that ho he allo allowa H It to be b publicly pub puli known knowlI that ho Is l a n The decision further states Mates that product of oft t nifty nUy bo ho nominated In any reason reasonable able WilY that tony tuny l he bo o provided d by iy party organization there thero no pro pru pr 1 lon for tor th the nomination of nt uch luch of ot officers in the tho new law The maul features of nr th decision and t jr o upon which the th constitution allt of oC o the law really hinged were the matters of 01 personal expenses of or can call candidates and whether or not It Is Ia man mandatory upon tho voter oter to cast caM ClU t his hla ballot ballut I f for fer r second choice On this point tho tto court We are arc satisfied that thal It U was all tho PUI OS of or tha thu th legislature to require the voter to vote voto for tor both first anit second a cond choice candidates In order that hs ho ballot may bo complete and his hili In Intention Intention Intention clear as no A to lila his choice of or can candidates cant candIdate t for that particular office Of course a I failure allure to vote for lor either first or second choice candidate for tor any ony one olle office where whore such ouch Is to required would not affect or void old the ballot except us tiM liSt to t that th t particular office We 1 therefore therdor conclude that said provision of the law lawIs lawSo Is So mandatory and that u n voter otH must muot I wt for both first and anti second around choice chalco c Jr If there are ore more than as a many candidates as n there ther are aro poM puid or offices to be filled Oiled It tt was Intended to reduce r to a ft mini mint minimum minimum mum the possibilities of ur tho tha will vIll and purpose of or the tho people tOple J In the of ot party candidates anti and nt at the tha fame fUtie time have havo every ocr choice or selection tion represent as a nearly ns nu ought might bo bf a II majority m of or tho electors of his hla party parlY This Tub can con be accomplished if it at ot atall atall all nil through a mandatory second choice Another Important point made mAdo clear In the decision In la that In casa caso a voter ateI falls fulls to Indicate both first anti second secund choke for Cor any an one this failure on In his hI pert 1 Ut dOM does not void old the tho entire ticket but only the tho vote voto for tor that par particular particular office Furthermore I It If the tho voter does dols dof not net find the name of or a I candi candidate date for whom ho wishes to vote for Car second choice upon the ticket ho tie haM hus h the alternative all of or writing thu th name of ot ofine ine one else ele upon his tile ballot lS That section of ot tho thu statute referring to the Iho personal Ierson expenses of the candi canut candidate date tho tM court Interpreted to tl meui that any JUlY given candidate for tor a tato elective office Is ts 1 Billeted n from expend expendIng expendIng Ing over H U per cent of oC the yearly early sal salary alT ary IU attached to this tl office for tor which ho III hot i t Is Ie candidate and und that the expenses su Ii Indicated figure tram train the time tInts ho lie per pcr mIte It to be bo known that he ha la iM a cand candi candidate date to and IId Including the day of or primary primary pu mary wary must tile Ille ru not tUtt t later IMer than 10 days day after atter t autO ula primary election an WI au Itemized ed account of ot H Incurred by b them In pro promoting promoting mating their election eJection with the tho of 01 state This account must no Properly to and tho the candidate U La I untenable amenable to the penal pem provision of uC tho the aol in opinion upon the matter maUor of or the tho party nominee two to or more candidates for or the tho office appear tho the uit stated It U will Uc be observed t l from tho the provisions ot said sa hi sectIon that where there hero uro aro more ro than two IwO candidates for tor the tha name inline tho thu th candidate receiving a n majority of tho the first choice votes Is elected a ac Much Hueh candidate e le but ID in I clUe case neither of ot the tha th candidates tu receive a II majority of oC thu the lint choice votes otes then tile tho 2 choice votes otes ote of ot each ench candidate must bo be added to his hII first choice cholte oton und anti the thu theone one then the highest number of or first nut end and second choice holce votes Is do elated dared elected aa its tho th nominee for tor Nuch Hueh office whether hother he ho has a I majority of 0 th tb votes otes cast or not The Tue legislative In Intention tr is II clearly apparent arent from th t provisions that If It possible each euch nomi nominee nee flee should bo ha b selected by a R majority vote ule ote first by a I majority of ot the tn t choice votes iotes and It If that could not be bedone b bedone done then by H II majority of ot the tl fist first and second votes p added together thin then th the candIdate recel H II plural of or the first and second I ond choice votes voto hould b be the nominee Further on the tile opinion reads A it itI I of ot said act that might rr ri 1 suit lull In taking tho the nomination of ot if many of the officers awny n awa wa from froni tho hito electors k and place It II In the th hands of ot Part com committees 1 1111 t 1 and conventions would b W von con on to th legislative Intent and III In construing the provisions of or said J Ild iiI pil mary mar election law II wo va have In mind the tho well ell nettled rules of at statutory con cn construction f The Tho used In said section II it In to voting for u ii I mote In lit ns its follows Vote Voto oh for tor lath 1 r t first and second choke cholie If Ir there lire are more Inore than as a man many candidate 0 nil Tui there Ihre aro l e eI I i Is 11 n a command and nod a clear In r on the part of ot the legislature leRI t I to t require the voter liter as ns a condition on ont onIt It t which hn he might exercIse his hiM first t choIce f that ho hi also express pr Ills his wish ns no n to a 1 second cond choice cholN In case of or the contin conlin contingency gency Kell that no first t choice selection be hI c 1 mMe This is III pot not an unreasonable unreal rg reg i In tho Ihl t same lamo SectIon portion we wo find the tho th fol tol lowing command Mark I rk only your our party ticket ts Ii a that language r tor tir only And 11 Do not vote ole for 14 1 Paine fame lne person for both lIt fret and Ind second secondi tI i choice Can anyone unreasonably Im Imagine 11 i agine lne or contend that those provisions Pr i t are rt merely me h directory and anit may 1111 be bo dill dis disregarded g regarded rt by b l the th voter If IC ho he desires to iti 11 1 I disregard them T 1 I think not fan mn nn tho the di voter coter ter under said aid last quoted J provision 4 vote Yote for tor the thi same lam person for tor both tint first j 1 nd second II nd choice chic anti and Insist I that hit his vote be hi counted count It requires rl a 11 aL l peculiar temperament tem to serIously sl con on tend t ene that said provisions are ore merely meNI directory d ector to be ba followed follo or not nol at the more mora whim or nr caprice of or tim tho voter Those aro uro commands colu conveyed directly to o tho the voter by 11 being printed at t tho the top op of or each Mich ballot 1 and ho he must obey them hem or his rote voto will not bo be counted for or any candidate where a n second choice vote voto 0 to Is Iii required to bo ho cast eRt It If ho tho legislature had hlll not Intended that should lx ho nominated by a majority voto nto If It possible they certain certainly ly I y would not have hMO Injected Into said net act the tho provisions for tor n a 1 Mf sOn choice ote nt lit nil rho Tho Intention of the tho lattice aturo which naturally results or Is gathered RAtheIM from front tho the context of or the net act from rom tho tim occasion and necessity of or the law aw from the tho mischief felt and tho the remedy emedy in view Is too clear to bo be mis mill misunderstood mIsunderstood understood 1 Bald provision of or the tho ott tate ito requiring tho the voter oler to II vote voto oto for tor both botha n II first In t and ami second cholet where there thero nn arc ro mom tiara than two candidates candidate for tho the same ame position or office is III mandatory and not unreasonable 1 l OPINION Att Atty General D ID C McDougall In 11 a n opinion rendered yesterday holds that lit itt tho the primary elec elN tion ion to ibo ho hold Aug 30 can write tho the names of or any I ny man or woman whose names lames are not printed on the ballot In Inho Inthe the ho provided and that theo heso votes will 15 Ito counted This Thia solves another perplexing question arising out of or first experience with a pM primary uary mary election lection t law Since thu tho decision of the tho supreme court nl oo outlined there here has hns been hn widespread speculation on n tho the question whether names written on n the tho ballot would be In III view tow of oC the tho fact tact that they thy hAl had been heart tiled filed with the secretary of ot tate state or county auditor This question doubtless arises from he 1110 tin tact fact that a n great rent Tant number of ot voters ito o not desire to express S a n second choice chIce tn In i favor of n a candidate opposed to their first rut choice anti and they therefore seek seck to that i of 01 the statute which demands a n second choice vote ote and nd nt ot tho the ome time not help holp the other fellow ellow Tho The opinion of ot tho the attorney general practically this point lear clear PICTURE MEN AIm A K A week ago last Sunday PoIse 11 lse was a alido lido open town In relation to tho the van vanous arl ous public amusements Last Sunday Boise OBO was a n closed cl town in relation to the he same features As a result of the tIm 1 of or the tho supreme court ron two wo weeks ago IJO In III tho the CUM case of or tho State agaInst the tho management of or tho City Ity on the th Natatorium grounds the tho scenIc railway was declared to 10 bo be b an amusement feature not In violation of or orthe the he Sunday rest rBt law The Thu moving pie pic turn turo uro men of ot the city together with rth tho the Light Opera company took go of or tins this liberal construction of t the law Ian and kept open their places llares 01 if Jr amusement during tho the following Sunday During Durin the succeeding week arrests were made und and One fines Imposed upon tho the various managers of ot th In A concerted effort was mild made by b tho the picture men and nn l an nn appeal taken tI to the tIme court as mu n a I re ye result suit sult of or which they lire are from front now on compelled to keel their establishments closed on Sunday LID ON 00 TIGHT Not ot only am ala I determined to keep koop he thu clomp clamp down on un places that have hae been x en notoriously known ns na disreputable mutes but I nm am t m equally as a determined to o eo see that none mince of the tho Inmates or of such uch resorts take toke refuge In n rooming houses hou Tho rho foregoing Is the statement of ot ChIef Cht of II Martin 1 who mule made a II personal visit on last Friday to the tie different houses In the tho th restricted distrIct nod and s personal notice on tho the occupants that If IC each NICh house houM voie W I not lot vacate immediately arrests would woul 1 follow follon HS ss a result r of ot which anti and know lug ng what the action lIon would be If It they again ret to searching locations In n lodging houses elsewhere eloe hero In the elt cIty H it great of or disreputable dl chArm charac character hers ter 1 left tin till city the th following day tin of 01 theIr own oIl wi tre t will nil V ill anti and others were ere HI HIort o ort l 1 under i surveillance to th time depot dIt on in Sunday flu p |
