Dapper v. Smith

• Decision Date: 28 October 1904
• Court: Michigan Supreme Court
• Parties: DAPPER v. SMITH, County Clerk.

101 N.W. 60

138 Mich. 104

DAPPER v. SMITH, County Clerk.

Supreme Court of Michigan

October 28, 1904

Certiorari to Circuit Court, Kent County; Alfred Wolcott, Judge.

Certiorari on relation of Emil A. Dapper, against Connor H. Smith county clerk, to review the denial of a writ of mandamus to compel respondent to certify the names of candidates chosen by the Socialist Party of Kent county at a mass convention to the commission as entitled to a place on the official ballot. Decision reversed, and writ granted.

Carl E Mapes, for respondent.

PER CURIAM.

The relator applied to the circuit court for mandamus to compel the respondent to certify the names of the candidates chosen by the Socialist Party of Kent county in a mass convention to the commission as entitled to a place on the official ballot. This application was denied, and certiorari is brought to review the ruling of the circuit judge. A prompt decision is indispensable to the preservation of relator's rights. Were this not so, we should feel that the grave questions involved not only merited, but demanded, a much fuller discussion than we are able to give them.

Briefly stated, the question involved is whether section 3 (Loc. Acts 1903, p. 142, No. 326) of the act providing for primary elections in Kent county is in conflict with the Constitution, for the reason that it denies a place on the ballot to any candidate unless such candidate will declare on oath, in advance, the fact that he is a candidate for the office. Section 1 of article 18 of the Constitution prescribes the oath which shall be required of public officers, and further provides that no other oath declaration, or test shall be required as a qualification for any office or public trust. This provision is not one designed for the benefit of the aspirant for public station alone; it is in the interest of the electorate as well. The provision of this law which requires that, before the name of any candidate shall be placed upon the ballot at the primary election, such candidate shall on oath declare his purpose to become such, excludes the right of the electorate of the party to vote for the nomination of any man who is not sufficiently anxious to fill public station to make such a declaration. The man who may be willing to consent to serve his state or his community in answer to the call of duty when chosen by his fellow citizens to do so is excluded, and the electorate has no...