Description - The American and English Encyclopaedia of Law Volume 10 by David Shephard Garland
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... entitled to participate in the election of the officers to be nominated.' (b) Election of Delegates.--The election of delegates to a party nominating convention must be conducted under the auspices of the recognized authorities of the party, ' upon proper notice, ' and in such manner as to give all the voters representation must be what the statute implies, a gathering of electors springing from the electors who compose a political party or adhere to a political principle. If such electors fail or decline to send delegates to the convention, or if the delegates sent disagree or act unwisely, then other matters may arise; but there can be no representation without the presence of electors fairly representing the party, or without some opportunity having been given to the electors to say whether or not they desire their party or principle to be represented. This was the doctrine of the Woody case State 2/. Rotwitt, 18 Mont. 502, and is now reaffirmed. Here, in this case, we find an attempted state convention of an organized party, made up of a. few persons, without credentials, voluntarily coming from but nine precincts of one county in a great state, and no attempt at giving to the electors of the party in other precincts or countiesa chance to participate in the assemblage. The whole theory of representation as fairly intended by the law was entirely ignored. The vigorous authority of the electors of the party was lacking, and unless relief is granted in such cases the voters of the state who are members of an existing political party may be confronted with a ballot containing the names of persons in Whose nomination they had no opportunity whatever to take part by delegate representation. We cannot assent to such a...
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