110 Mich. 635 | Mich. | 1896
The relator filed a petition as chairman of the Democratic state central committee, praying for a mandamus to compel the respondent to print the ticket certified by him as second on the ballot to be used in the ensuing election. Charles P. Russell, chairman of the state central committee of the Prohibition party, has also filed a petition, asking that the ticket certified by the officers of his committee be printed second on the ballot. W. R. Shelby, assuming to be chairman of the state central committee of the Democratic party, has also filed a petition, asking that the ticket certified by-the officers of his committee be given the same place contended for by the other petitioners, and also asking that the ticket certified by relator be not given a place on the ballot under the certification of relator as chairman, and of G. Walter Meade as secretary, of the Democratic state central committee.
It will conduce to a better understanding of the case if we state what is not in controversy between the parties. First, it is not contended but that the Baker ticket is entitled to a place on the ballot under a certification by the proper officers of the convention which placed it in nomination. Second, it is conceded that the Shelby ticket is entitled to a place on the ballot, but it is contended by relator that the ticket should not be printed under the name “Democratic.” Relator’s counsel states that he has no objection to the use of the vignette certified, but does object to the use of the name “Democratic.”
The matters in controversy are—
First, whether the ticket certified by relator is entitled to be printed as the Democratic ticket, and to be given the*638 place which the law gives to the party having the second greatest number of votes at the preceding general election, which was admittedly the Democratic party.
Second, if it be held that the Baker ticket is not entitled to the place, whether the Shelby ticket is, or whether the place should be given to the Prohibition party.
Third, whether the relator is entitled to have the vignette certified by the officers of his committee printed on the ballots designed for use in the city of Detroit.
The statute provides (Pub. Acts 1895, Act No. 271, § 10) that the board of election commissioners shall cause to be printed on the ballot the names of the candidates nominated by the regularly called conventions of any party, and that it shall be the duty of the state, district, or county committee of each political party to forward to the chairman of said board of election commissioners of each county in the State a copy of the vignette adopted by them, and the names of all candidates nominated at any regularly called convention at which candidates for any one of the offices mentioned in section 1 of the act shall be nominated. Section 11 provides: “It shall hereafter be the duty of the state committee of any political party or organization in this State, before each election, to prepare and adopt, by engraving or otherwise, a vignette to be printed at the top of the column of such ballot assigned to such party, as a distinctive and characteristic heading thereto. Such vignette shall not be more than one inch and a half square, and, in addition to the device adopted, shall set forth legibly the name of such party.” By section 14 it is provided that “the ticket of the party having the greatest number of votes within the county at the last preceding general election shall be placed first on the ballot, the position of other tickets to be governed relatively by the same rule.” This last-quoted provision is the one which has given rise to the controversy now before the court. It is contended that the provision is not merely directory, but was inserted for the purpose of assigning positions on the ticket which should be understood
The reluctance of the courts to enter upon an inquiry, or to permit an inquiry by the election commissioners, into the question of fact as to which of two contending factions truly represents a political party, has been manifested in various cases. State, ex rel. Sturdevant, v. Allen, 43 Neb. 651; Phelps v. Piper, 48 Neb. 724; Shields v. Jacob, 88 Mich. 164. In Shields v. Jacob it was held that the court would not undertake to determine which of two rival conventions resulting from a split in a regularly called convention should be treated as the regular convention of the party, and a mandamus was issued requiring the election commissioners to give to both tickets a place upon the ballot. At the time that decision was rendered, however, the provision requiring that the ticket of the party having the greatest number of votes within the county at the last preceding election should be placed first upon the ballot, and that the position of other tickets should be governed relatively by the same rule, was not a part of the statute, and it was not necessary to determine which of these tickets should be placed first on the ballot. Under the law as it now exists, such an investigation seems necessary, and it would seem that the commissioners did determine the question, and place the Shelby ticket second on the ballot.
“To the Democratic Convention:
“Your committee appointed to meet a like committee from the Union Silver and People’s party conventions met the committee as directed, the Democratic party, the Union Silver party, and the People’s party each being represented by five representatives. The joint committee was organized by electing C. H. McGinley chairman, and A. A. Ellis secretary. After a full statement of the object to be accomplished, the following resolution was adopted: ‘ Resolved, that we recommend a union of all silver forces, and that the vignette upon the ticket be a representation of the silver dollar, and containing the following names and words, in the following order, to wit, “Democratic People’s Union Silver Ticket,” and also a picture of William J. Bryan, the Democratic candidate for president.’
“Your committee further report that, after an earnest effort and much discussion, they were unable, to agree upon the division of the ticket, and fully realizing that it was for the interest of the people of the State that a strong*641 union ticket should be nominated, which would command the entire confidence of the people, the following resolution was unanimously adopted: 1 Resolved, that we report to our various conventions that it is the sense of this conference committee that the name and style of the ticket be as hereinbefore fixed and as above set forth, and that the state and electoral ticket be nominated by a joint convention, to be composed of the members of the several conventions, to be held at once in one hall, and that the several candidates be nominated as above set forth, by a joint convention; the candidate receiving a majority of all the votes cast for the respective offices to be declared the nominee of the convention for said office. Owing to the fact that the Democratic party has the largest representation, the People’s party and the Union Silver party together shall, in the joint convention, be entitled to an equal number of votes cast by the Democratic party in the joint convention.’”
The petition further states that each of the three conventions adopted the report of the committee; that thereafter all the delegates met in one hall, elected a chairman of the joint convention, and secretaries; that, in taking a vote on the nominations, said convention pursued the plan provided by the conference report, and that, at the conclusion of the nominations, said joint convention and each of the three conventions were adjourned without day.
As to the action of the convention which placed in nomination the “Shelby Ticket,” so called, it appears that-a mass convention was held at the city of Lansing, composed wholly of Democrats, and that this conr vention placed in nomination presidential electors, and candidates for the various state offices; that this action was taken after the action of the Democratic convention at Bay City.
We think it cannot be said that the so-called “Baker Ticket” can be treated as the ticket of the organization known as the ‘ ‘ Democratic Party ” two years ago. The ticket results from a combination with two other political parties, one of which had a place upon the ticket, and
Can it be said, then, that the Lansing convention represented the party organization of two years ago, within the meaning of the statute? We think not. While the record shows that the convention was composed wholly of Democrats, and while there is a wide difference in the statement as to the proportion of Democrats who now have or who are expected to give their adherence to this party, yet it was not brought into existence by the action of the machinery of the party to which the calling of conventions had been committed; and, while we have no doubt of the authority of any considerable number of electors to call a convention, we do not think that this convention was a regularly called convention of the Democratic party of two years ago, and for that reason we determine that the ticket nominated is not, under the provisions of this statute, entitled to second place on the ballot. There is no provision of our statute which excludes the formation of new parties. We think this
It results from the foregoing that in the county of Wayne the Prohibition ticket is entitled to priority over the Baker ticket and the Shelby ticket, and is entitled to second place on the ballot, except in that portion of the county which is a part of the Second congressional district, for which portion the congressional ticket of the People’s party is entitled to second place, and the Prohibition ticket to third place. The Baker ticket and the Shelby ticket should be assigned to the remaining places, according to the judgment of the commissioners.
As regards the certification of the Baker ticket, we do not deem it necessary to pass upon the regularity thereof. As it appears by the showing of all the parties that this
It is contended that no vignette should be used on the ballots in the city of Detroit. This is based upon the provisions of chapter 2 of the city charter, as amended by Act No. 468, Local Acts 1895, which, it is claimed, supersedes the general statute governing elections so far as it relates to the city of Detroit. Section 27 of chapter 2 of the amended charter provides for a board of election commissioners for the citjq whose duty it is to cause to be printed the ballots for the election of all city officers, and for all proposed questions to be submitted by the common council. Section 28 provides -that every ballot must be printed on paper uniform in size, etc.; that ballots shall be printed substantially in the form prescribed by the general election laws of the State for the election of state and county officers, excepting that the instructions printed on the ballot shall be as set forth in the section. It provides, further, that no vignette shall be furnished or printed on any ballot. These provisions of these sections, it is plain, relate to the city ticket, which is voted in a separate ballot box. Section 57 provides that—
“The mode of conducting all state, congressional, and county elections in said city shall be in the manner herein provided for the election of city officers, except that the returns thereof shall be made as herein provided; and the provisions of this act shall govern when applicable to such elections, notwithstanding the provisions of any general law, unless the same shall in terms be declared applicable to elections in said city. It shall be the duty of the election commissioners of the county to print all ballots intended for use in said city in the manner herein prescribed for elections of city officers.”
This act was approved June 4, 1895.
We do not think the provision that no vignette shall be used, furnished, or printed on any ballot was intended to apply to any other ballots than those for city officers. This provision is inserted in the section which provides for certification by the officers of city committees. There
The writ will issue in accordance with this opinion.