State v. Mountjoy
| Decision Date | 20 June 1928 |
| Docket Number | 6358. |
| Citation | 268 P. 558,82 Mont. 594 |
| Parties | STATE ex rel. v. MOUNTJOY, Secretary of State. BEVAN |
| Court | Montana Supreme Court |
Original proceeding for an injunction by the State, on the relation of M. H. Bevan, against John W. Mountjoy, as Secretary of State. Writ issued.
William T. Pigott, of Helena, for relator.
L. A Foot, Atty. Gen., and A. H. Angstman, Asst. Atty. Gen., for respondent.
S. C Ford, of Great Falls, amicus curiæ.
This is an original proceeding instituted to obtain a perpetual injunction restraining John W. Mountjoy, secretary of state from certifying the names of eight aspirants for state office as candidates by petition for nomination for the different offices for which they have filed under party designations at the primary election to be held in Montana, pursuant to law on July 17, 1928. Upon presentation of the petition for the writ, an order to show cause why the writ should not be issued as prayed was granted, and thereby the respondent restrained from certifying the names of such candidates pending a hearing and final determination by this court of the questions involved. The respondent filed a general demurrer to the petition, and thereafter the matter was regularly brought on for hearing on the merits upon the facts alleged in relator's petition. The only question presented for decision is: What is the last date under the law that candidates for state office may file nominating petitions?
It appears that on, and not before, the 7th day of June, 1928 each of the persons hereinafter mentioned filed with, and in the office of, the secretary of state his or her purported petition in form and substance conformable with the law, as a candidate of a designated political party for the nomination of an office at the primary nominating election to be held on July 17, 1928. On the 7th day of June, Miles Romney filed his petition as a candidate of the Democratic party for nomination for the office of Governor; Pauline E. Patton filed her petition as a candidate of the Democratic party for the office of superintendent of public instruction; Lucile Quaw filed her petition as a candidate of the Democratic party for nomination for the office of superintendent of public instruction; W. T. McKeown filed his petition as a candidate of the Democratic party for nomination for the office of judge of the district court of the Tenth judicial district; George W. Magee filed his petition as a candidate of the Democratic party for nomination for the office of judge of the district court of the Nineteenth judicial district; James E. Stevens filed his petition as a candidate of the Republican party for nomination for the office of Governor; Jeanne Buckmaster filed her petition as a candidate of the Republican party for nomination for the office of superintendent of public instruction; and J. R. Hartley filed his petition as a candidate of the Republican party for nomination for the office of railroad and public service commissioner. The secretary of state has threatened and would, on or before June 22, 1928, unless restrained by order of this court, include in the arrangement or list of candidates which he is required to certify under the law, the names of the persons above mentioned, all of whom filed their several petitions for nomination on June 7th.
So far as necessary to be here considered, it is by the statute provided that "all petitions for nomination under this act for offices to be filed [filled] by the state at large, or by any district consisting of more than one county, and nominating petitions for judges of district courts in districts consisting of a single county, shall be filed in the office of the secretary of state not less than forty days before the date of the primary nominating election" (section 644, Rev. Codes 1921, as amended); and "not more than forty and not less than twenty-five days before the day fixed by law for the primary nominating election the secretary of state shall arrange, in the manner provided by this law, for the arrangement of the names and other information upon the ballots, all the names of and information concerning all the candidates for nomination contained in the valid petitions for nomination which have been filed with him in accordance with the provisions of this law, and he shall forthwith certify the same under the seal of the state, and file the same in his office, and make and transmit a duplicate thereof by registered letter to the county clerk of each county in the state" (Id. § 648, chapter 12, Laws of 1925, Supplement Rev. Codes of Montana, p. 81).
Section 619 of the Revised Codes of 1921, chapter 58, Laws of 1925, 1927 Supplement of Revised Codes of Montana, p. 77, enacted by the same Legislative Assembly which passed amended section 648, again reiterates the same mandate, in different form, directed to the secretary of state, with respect to the time in which he may and must make certification to the county clerks of each county, or candidates for state office, as follows:
" Not less than twenty-five nor more than forty days before an election to fill any public office, and the secretary of state must certify to the county clerk of each county within which any of the electors may by law vote for candidates for such office, the name and description of each person nominated, as specified in the certificates of nomination filed with the secretary of state."
In view of such statutory requirements, was the filing of the petitions on June 7th, less than 40 days next before July 17th, the date fixed by law for holding the primary election? In our opinion the language of these enactments is plain unambiguous, direct, and certain, and speaks for itself without the necessity of resort to interpretation. Therefore reference to elementary principles of statutory construction becomes wholly unnecessary. Chmielewska v. Butte & Superior Min. Co., 81 Mont. 36, 261 P. 616. In clear and unequivocal language such nominating petitions must be filed with the secretary of state " not less than forty days before the date of the primary election." Thirty-nine days before will not suffice, and those filed less than forty days before the election are manifestly without validity under the plain language of the statute. The provisions of sections 619 and 648 remove all possible doubt as to the legislative intent in the enactment of section 644. These statutes are in pari materia, and it is elementary that their provisions may with propriety be considered together in ascertaining and determining the meaning intended by the lawmakers. Section 648 requires that the secretary of state shall certify the names and other...
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