State ex rel. Matts v. Reek

• Decision Date: 22 October 1896
• Citation: 46 P. 438,18 Mont. 557
• Parties: STATE ex rel. MATTS v. REEK, County Clerk.
• Court: Montana Supreme Court

46 P. 438

18 Mont. 557

STATE ex rel. MATTS v. REEK, County Clerk.

Supreme Court of Montana

October 22, 1896

Petition by E. D. Matts to enjoin W. J. Reek, county clerk of Granite county, from placing the name of Theodore Brantley on the official ballot, as a candidate for district judge, under the head of the Silver Republicans. Writ of injunction made permanent.

T. J Walsh, for relator.

H. J Haskell and McConnell & McConnell, for respondent.

PEMBERTON C.J.

E. D Matts, the relator, is the regular Democratic candidate for district judge for the Third judicial district of the state of Montana, composed of the counties of Deer Lodge and Granite. It appears also that Theodore Brantley is the regular nominee of the Republican and Populist parties for judge of said district. It also appears from the petition that Theodore Brantley was nominated by a certificate signed and filed by the electors of the Silver Republican party in the counties composing said district. This certificate was filed with the secretary of state, and the nomination of said Theodore Brantley under said certificate has been duly certified by the secretary of state to the county clerks of Deer Lodge and Granite counties. By this petition the relator seeks to enjoin W. J. Reek, who is county clerk of Granite county, from placing the name of Theodore Brantley on the ballot as a candidate for said office under the head of the Silver Republicans. In State v. Rotwitt (just decided) 46 P. 370, this court held that a party nomination could not be made by petition, as is sought to be done in this case. But counsel for the defendant contends that as the certificates of nomination in this case were signed only by Silver Republicans of the district, and that said certificates of nomination were filed under the direction of the state and county central committees of said district, it thereby became a party action, and legalized such nomination of Theodore Brantley. But in answer to this it is sufficient to say if the law does not permit a nomination of a regular existing party to be made by certificate of electors, as was attempted to be done in this case, and which was so held in State v. Rotwitt, supra, then the direction of the central committees to the electors to so act would have no binding force or effect, or take it out of the rule laid down in State v. Rotwitt, by this court.

Counsel for the defendant asks that, if we hold the...