1Romc CrisOTcchly Wuggct
AN INDEPENDENT NEWSPAPER.
Published Tri-Weekly
MONDAY, WEDNESDAY, FRIDAY—EVENING
THE NOME PUBLISHING CO.
GEO. S. MAYNARD. ... Sole Owner and Publisher.
^ H A 8. F. 8ANDFORD, . Editor.
Entered as Second Class Matter, at the postoffice at Nome, Alaska,
Under the Act of March 3, 1879.
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MEMBER OF ASSOCIATED PRESS
The Associated Press is exclusively entitled to the use for publication of all
news dispatches credited to it or not otherwise credited in this paper and also
the looal news published herein. All rights of republieation of special dispatch
es herein are also reserved.
MONDAY. APRIL 21st. 1919
VOTERS RIGHTS
Owing t<» the withdrawal nf a regularly nominated candidate on the eve.
cf iin recent city elections, upward of sixty voters wrote in the names of sev
etal persons on the official ballot when casting their vote for members of the
t iiincil. For reasons which are of no interest t>> the general public, certain
1 . rties, whose motives are not devoid of sinister aspects, have sought to ques
ton t'ie validity of the election <>f the person receiving the largest percentage
of Hie-e votes, by raising various contentions of illegality.
In order that the public may thoroughly understand the rights of vot
ers in eases of this character, we will proceed to show by the appended citat
ions from standard works of law that t*>e writing in of the name cf a candid
ate. or candidates, by the voter at the time of casting his ballot'is in no degree
incompatible with the principles of flic franchise rights conferred by the Con
stitution and that, such action is fully sustained by legal rulings in all cases
um ic there were no disqualifications attaching to the candidates whose names
were so inserted by the elector. ,
The validity of the action of a qualified voter n writing in the name >f
a candidate on the election ballot is unquestioned, save in eas -s where the
< andidate does not possess the requisite qualifications p •ovale** by tb- ' fiction
laws.
The basic principle of the- franchise laws is to grant to the voter a full
and free expression of choice regarding who or whom lie desires to represent
him in the conduct of administration. This principle is upheld in all legal
necisions through! ut the history <.f American jurisprudence.
It. therefore, follows that any inhibition which tends to restrict or nullify
this free expression of choice is incompatible with the electoral privileges
granted by our constitution. The question of whether the voter votes for a
name printed on the election ballot or for one that ho inserts in himself, there
fore, resolves itself into a matter of choice, presuming, of course, that the
candidates is qualified to hold office.
The matter of whether the name of the candidate is written or printed
<in the ballet does not in the least degree mitigate against the validity of the
Regarding the question of whether the name of the candidate must
of necessity be printed on the ballot to insure validity of the vote, the 15th.
Cyclopedia of Law I’roceedure i’. 345. discussing the constitutionality of official
ballot laws, says:
“There can be no constitutional objection to a law provid
ing for an official ballot with the names of all candidates regularly
nominated printed thereon so long as the electors have the right
and opportunity to vote for whom they please,sillier by writing in the
names or by using adhesive plasters.” (People vs District Ct, 18
Colo. 26, 31 Pac. 339.
The same authority also states (ibid).
A candidate for public office is entitled to have his name
written upon the official ballot by voters who desire to support him
as their choice for office, although he has not been nominated by
any convention, caucus, or meeting;’’(Schuler vs Hogan, 168,111,48.
X. E. 195.
Farther it says:
“It is the constitutional right of electors to vote for any
person eligible for office whether he has been nominated or not.”
In proof of this contention the case of the People vs Wappinger’s Falls. 9
.Miso. (X. ^ .) 216, 3u X. Suppl. 265. is cited to show that where no nomina
tions were made for the office of police justice and a number of electors voted
for a certain person by the use of pasters upon the official ballot, it was held
that such person was elected.
With respect to the writing in of names on the ballot, the rule followed
in most instances it to leave blank spaces upon the ballot so that a voter who
may not be satisfied with any candidates whose names appear printed thereon
may write in the name of his choice. This rule, according to Vol. 9 Ruling
Case Law. P. 3054.
• * * *is generally adopted m statutes providing for official
ballots and unless statutes are so explicit as to prevent it. they
will be so construed by the courts. It is manifest that a failure to
afford this right is a serious interference with the freedom of the
exercise of the right of franchise, and while legislatures may limit
the number of names to be printed upon the official ballots to those
regularly nominated or running as independents, the voter must be
left free to vote for candidates of his own choice, by giving him the
means and a reasonable opportunity to writo or insert the names of
such candidates.”
The same volume, sec 70, V. 105J, ilcflnes in ci.nolusiv, manner Hie right t.i
!i.,vt independent names on ballots and lo write in the names of enndiates.
In the case of Cole vs Tucker. (Mass.) 91), lawyers Iteports Annotated.
tiOS. the court held that:
"The Australian (official) Hallot system has been in its
various forms upheld by the courts of the various states, provided
that the acts permit the voter to vote for such person as he please
by leaving blank spaces on the official ballot in which may., write
or otherwise insert the name of his choice.”
It has been held that an official ballot law denying to electors the
right to write in the names of persons for whom they wish to vote is not repug
nant to the constitution, but the preponderance of legal ruling is overwhelmingly
in favor of permitting the voter to express his choice of candidates fully and
freely, regardless of whether the name of his candidate is printed on the offi
cial ballot or nut.
Considering both the principle and construction placed by the courts
on the franchise laws, it appears conclusive that the election of Mr. Maynard
;.t the recent elections was valid in every way. The campaign of objection
directed against him by certain persons is animated by no other reasons than
that he had the courage to oppose through the columns of this paper certain
elements who are Inimical to the interests of the community and are seek
ing to eliminate him from the council to gratify personal spite and to prevent
possible revelations of conditions which we have many reason* to It lie
will not bear the scrutiny which might develop ..r.h hi-- a t
the council.
In addition to attempting to make i; aiv <. th i. Mr. \; le<
ion was not legal, this coterie has also brought into ,i..n . i n . r t;
present council to canvass the votes cast and .■ him duh !•••' It.
garding this phase of the controversy, w i-.. : - tin- follow in • ity .
dinance. No. i’ll, See. 41, which provides for the council deci. . the tin
issues of election contests and defines the powers of tin* council in th
respect as follows:
••****• l>nt the Common Council shall decide all questions as to
the qualifications and election of its own members.”
There is no doubt regarding Mr. Maynard’s eligibility for office there -
fore, it appears conclusive that his election was legal in every way and equally
decided that the present council is duly authorized to declare his election.
BAD WEATHER PREVENTS START OF BRITISH FLYERS
Special to The Nugget by The Associated Press.
ST. JOHNS, N. F. April 19—Severe weather is continuing to delay the
start of the trans-Atlantic flight contemplated by aviators Rvnhatn and
Hawker.
INFORMATION REGARDING SEATTLE-NOME MAIL SERVICE
First Summer Mail Leaves Seattle for Nome Direct About June 1st
Last Summer Mail Leaves Seattle for Nome Direct About October 10th.
First ‘Winter Mail Leaves Seattle for Nome About October 15th.
Last Winter Mail Leaves Seattle For Nome About March 15th.
Parcel Post and Well Fargo Shipments for Nome Handled Only Dur
ing Summer Period.
Parcels and Packages Sent to Nome During Winter Must Bear First
( lass Postage or Will Not Reach Destination Before Following Summer.
Advertising Cuts Sent by Winter Route Must Bear First Class Postage
it Publication During Winter Period is Desired. Advertisers Should Bear
This in Mind to Avoid Delays.
Packages and Parcels Intended to Reach Destination During Winter
1 eiiqiVfwiU -tyemain in Seattle Postofflce Until Opening Summer Navigation.
Unless First Class Postage is Attached.
Average Time Required for Transmission of Mali from Seattle to Nome
I uring Winter Period is About 45 Days.
Av. Time Required for Transmission of Mail From Seattle to
Nome Durin Summer period is 10 Days. z
Approximately Same Time Indicated Above Required for Transmission
Mail From Nome to Seattle.
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W. J. ROWE
TRANSFER AND FREI0NTIN8
Dealer in all kindb 4i Lumber
Horses For Sale
___
NOTICE;—CHANGE OF HOURS
Commencing Dec. 1st., 1918 and continuing until furthc ■ notice,
delivering hours at yards and warehouses will be as follows;
COAL—GASOLINE—DISTILLATE, ect.
Daily from 1 P. M. to 4 P. M.
CRUDE OIL—(Associated Tanks)
Mondays—Wednesdays—Saturdays—9 A. M. to 4 P. M.
ALL DEPARTMENTS and OFFICES .
Closed between 12 M. and 1 P. M.
MalipteraiSe & (Menial (o.
GOLDEN GATE HOTEL
JAS. SWABTZElL, Prop.
BesiAaomodations In Alaska
STEAM HEATED, ELBCTRIC LIGHTED
BATHS IN CONNECTION.
FIRE MW SIGNALS
12.Standard OH Co
13*.Carstens Cold sturag*
1*.J. <• Season Co, office
'•>.Headquarter* Satoon
”. ..Tha Lobby
2«.. .Pioneer# Igloo
26.Catholic Church
11 .Folet'a residence
12 . Yorkey’s Cigar Store
41.opp. Webb's Markei
Engine House, Phone Main 97.
7 whistles water. I firs ou.
THE NOME WEEKLY NUGQET
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r MEET ME '
I TRAsiE
s __vi
Bstablishad .Imie 1900
AliSka BiflKlQg ait
Salt Deposit (ompy
AUTHORIZED CAPITAL ....$144000
PAIO UP C. \PITAL. SO.OtC
j A Ganaral Banking Buainaaa Tran
sacted.
Miners & Merchants
Bank o( Alaska
NOME. ALASKA
Capital . • $100,000
Gold Dust Purchaser)
and Assayed
I -
I Come to the |
ELITE BATHS J
For a Steam Bath j
and get a Good j
Cleanup After the l
FLU
Billy Anderson Prop.
Pho le, lac