Harris v. Cooper

OPINION OF THE COURT BY

FREAR, C.J.

This is a submission on agreed facts under Civil Laws, Section 1255, as amended by the Laws of 1898, Act. 18. The practical question for our determination is whether under the election law the Secretary of the Territory, who has charge of the printing of ballots, should omit therefrom the name of a candidate for .representative who though duly nominated is not eligible. More broadly stated, the question is whether the’Secretary can go behind the question of due nomination and inquire into *146and pass upon tbe question of tbe qualifications of tbe candidate.

The…