Van Meter v. Burns

• Decision Date: 05 June 1917
• Citation: 176 Ky. 153
• Parties: Van Meter v. Burns. Hazelip, et al. v. Marton, et al.
• Court: Kentucky Court of Appeals

176 Ky. 153

Van Meter v. Burns.

Hazelip, et al. v. Marton, et al.

Court of Appeals of Kentucky.

Decided June 5, 1917.

Appeals from McCracken Circuit Court.

J. G. HUSBANDS, OSCAR KAHN, EATON & BOYD and J. P. HOBSON & SON for appellants

JOHN K. HENDRICK, W. A. BERRY, F. N. BURNS, DAVID BROWNING, IRENE KRONE and F. E. GRAVES for appellees.

OPINION OF THE COURT BY WILLIAM ROGERS CLAY, COMMISSIONER — Affirming.

At the general election held in the city of Paducah in the month of November, 1916, a mayor and three commissioners were to be elected to fill out unexpired terms in those offices. Appellant, C. L. Van Meter, and appellee, F. N. Burns, were candidates for mayor, while appellants, T. N. Hazelip and R. R. Treadway, and appellees, Don P. Marton, F. E. Graves and W. A. Gardner, together with John R. Scott, who is not a party to this action, were candidates for commissioners. Appellees Burns, Marton, Graves and Gardner received substantial majorities over their opponents and were awarded certificates of election by the board of election commissioners. In due time appellant Van Meter brought suit contesting the election of appellee Burns, while appellants Hazelip and Treadway instituted a separate action contesting the election of Marton, Graves and Gardner. After appellees had filed answer denying the allegations of the petition and pleading grounds of contest against appellants, the two actions were consolidated, and on final hearing the petitions were dismissed and appellees given a judgment for costs. From the judgment so rendered these two appeals are prosecuted.

Appellees are charged with violating the provisions of an act to promote pure elections, etc., approved March 13, 1916, and known as the "Corrupt Practice Act." Acts 1916, chapter 13, page 53.

Section 1 of the act prohibits, under severe penalties, public service and other corporations, their officers and agents, from contributing money or other thing of value towards the nomination or election of any state, county, city, town, municipal or district officer.

Section 2 prohibits corporations, companies or individuals from coercing their employes to vote or refrain from voting for any particular candidate or candidates.

Section 3 is as follows: "It shall be unlawful for any person who is a candidate for nomination or election for any state, county, city, town, municipal or district office to expend, pay, promise, loan, or become pecuniarily liable in any way for money, or other thing of value, either directly or indirectly, or to agree or enter into any contract with any corporation, association or person to vote for or support any particular thing or measure in consideration of the vote or support, moral or financial, of any such corporation, association or person, and it shall be unlawful for any corporation, association or person to demand that any candidate for office shall promise or agree in advance or shall make any contract, oral or written, to support any particular individual, thing or measure, in consideration for the vote or the support, financial or moral, of such corporation, or person, in any election, primary or nominating convention, but no expenditure made by any candidate, or others for him, for the purpose of employing and paying clerks and stenographers or for printing and advertising, or in securing suitable halls for public speaking or suitable headquarters, stationery and stamps, or actual traveling expenses, shall be deemed illegal, and any person, corporation, or company violating this section shall be fined in any sum not to exceed $5,000.00, or be imprisoned in the county jail not to exceed six months, or both."

Section 4 requires every candidate on the fifteenth day before the date for making such nomination, and also on the fifteenth day before the final election, to file with the officer with whom his nomination papers must be filed in case of a primary, and with the chairman of the board authorized to issue the certificates of election after a final election, or with the Secretary of State when nomination is made by caucus or convention for officers of the state at large, or for districts larger than one county, and with the county clerk in all other cases, a statement in writing, subscribed and sworn to by such candidate, and setting forth in detail each item of expenditure or contribution.

Section 5 imposes the same duty on campaign committees, or any individuals having charge of the candidacy of any person or group of persons, or contributing to the expenses of a campaign for the adoption or rejection of any question submitted to the people for their approval or rejection at any election.

Section 6 imposes on every candidate and every campaign committee, or person or persons in charge of said campaign, the duty of making out a similar itemized statement of expenditures and contributions, within thirty days after the election, caucus, convention or primary election held to fill any office or place for which such person may be a candidate.

Section 7 prohibits officers of boards authorized by law to issue certificates of elections or nomination to issue any such certificates to any person until the statements required by the act shall have been made and filed.

Section 8 imposes a fine not exceeding $500.00 on any person failing to file the statement or statements required by the act.

Section 9 provides, in substance, that no person shall be permitted to qualify as an election officer or receive a certificate of nomination until he shall have filed the statements as provided by the act, and no officer shall receive any salary or emolument for any period prior to the filing of such statements.

Section 10 provides that said statements shall be open to public inspection and copies thereof may be obtained by any person desiring same.

Section 11 is as follows: "In any contest over the nomination or election of any officer mentioned in this act, it may be alleged in the pleadings that the provisions of this act have been violated by the candidate or by others in his behalf with his knowledge, and if it so appears upon the trial of said contest, then said nomination or election shall be declared void, and it is hereby provided that the candidate who has received the next highest number of votes and who has not violated the provisions of this act shall be declared nominated or elected unless it also appears that one of the parties to the contest received a...