Show COUTH by v I 1 a 0 S A L 1 N v H FUSION IS KEARNS PARTY WILL TAKE ADVANTAGE OF DECISION will allow the american party to place presidential electors of both parties on ticket I 1 salt lake aug ll 11 fusion Is legal according acco iding to an opinion handed down by the supreme court monday and the action of the republicans and democrats in the last city election in withdrawing candidates florn ono one ticket and filling the places with candidates from another Is entirely according to law this opinion written by justice J E frick and concurred in by hasas socrates socia tes has been waited for by the amerlean american party leaders for several months under tander their direction a suit was brought to contest the election of the fusion candidates the contest was wag carried through the district court into tho the supreme court for the purpose of establishing the right the object of the american patty party loaders leaders has been to arrange an ameri can democratic and an american republican ticket for the fall election placing the names of the republican and democratic presidential electors thereon so that those or the american an party who are nationally republicans or democrats s may vote their national tickets simultaneous with WIGI voting the american America ii ticket alden B E payne was the american candidate for the council coanell from tho the first municipal ward anil ana was wag defeated by oliver hodgson the fusion candidate by 32 otea iotes hodgson had been regularly nominated by the democrats tor for the council while andrew smith jr bad deen nominated as his opponent by the republicans the two ward conventions gave gao liehr ward committees power to re ewe resignations and to fill all vacancies smith withdrew from the republican ticket and tho the name ot of hodgson was supplanted so that hodgson became the republican as well as the democratic candidate the sanne same procedure was wag followed in the case of J D Al murdoch republican in the first as well as in other wards of the city ae ac a result of it a number of the fusion council mante candidates were elected and american party candidate put to rout A americans me ricans brought suits instantly american party attorneys brought suit in the name of payne against hodgson and followed it with similar suits against other fusion candidates who were successful since tho the same point was involved in all of the suits the contest cases hinged upon the ruling in the payne hodgson case judges lewis and ritchie sat together in the district court and heard the contest they held that the fusion was legal this was exactly what the american party politicians I 1 wanted looking oldrig lo ahead to future action on their part and to make the matter doubly sure they carlie ailed J the case to the supreme court paynes contention was that when the democrats had named hodgson and after tho the republican nominee for the same place had withdrawn hodg sons gone name was wag put on the republican ticket the republican committee had no authority in law to take such action ile he held in substance that the republican committee had no right to vo nominate minate a democrat or any one else not belonging to the republican party and carrying the argument further ho contended that no republican candidate had the right to have democratic votes added to republican votes to begin with the supreme court holds that any person who received a plurality of votes shall le be L e declared duly elected the board of canvassers acted fegaly in finding that hodgson was nas ejected any proceedings regarding the jeg legality allty of the nomination of 0 a candidate should be brought in court before and not after election when the action of the conventions |