(Download) "Bottomly v. ford" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Bottomly v. ford
- Author : Supreme Court of Montana
- Release Date : January 30, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
1. Elections ? direct primary law ? nomination of candidates at special election to fill vacancy ? statute controlling. Held, in a proceeding seeking a declaratory judgment that the Direct Primary Law (secs. 631-670, Rev. Codes) is applicable to nominations of candidates to be voted for at a special election to fill a vacancy in the office of Representative in Congress, that under the holding in State ex rel. Reibold v. Duncan, 55 Mont. 380, 177 P. 250, the provisions of such law are limited to the nomination of candidates to be voted for at general elections. - Page 161 2. Elections ? nomination of candidates ? special election to fill vacancy ? statute controlling. The adoption of the Primary Election Law, initiated by the people, did not operate to repeal in their entirety all prior existing laws governing the nomination of candidates for public office, sections 612 and 615, Revised Codes, neither of which was abolished by the initiated Act, being still applicable to the nomination of candidates to be voted for at a special election to fill a vacancy. 3. Supreme Court decisions ? what does not constitute Obiter Dictum ? construction of statute. As against the contention that the decision of this court in the Reibold case (see par. 1) is obiter dictum and not binding upon the court as a precedent, held that where that which was decided was within the issue, fully argued by counsel, deliberately considered by the court and affirmed by it in a case before it four years later involving the same question, its decision may not be classed as dictum. 4. Supreme Court decisions ? Obiter Dictum ? what amounts to legislative approval of decision of court. Where the construction of a statute by the supreme court has stood for 27 years and the legislature has not seen fit to make a change in the law on the subject treated, its failure to do so amounts to legislative approval and ratification of the construction placed upon it which should generally be adhered to, particularly where an amendment had been presented but failed of enactment or where the act was amended in a particular other than that in dispute. 5. Statutes ? acts initiated by people may be repealed or amended by legislative assembly. Acts initiated by the people may be repealed or amended by the legislative assembly. 6. Elections ? special election to fill vacancy in office ? nomination of candidates ? statute controlling ? case at bar. Where a vacancy in the office of Representative in the Congress of the United States is caused by the death of the incumbent, and the governor issued a proclamation calling a special election in the several counties comprising the congressional district affected, the nominees to be placed upon the ballot at such election to fill the vacancy must be chosen pursuant to the provisions of section 612, Revised Codes, a part of the general election law, as amended by Chapter 26, Laws of 1945, or of section 615, and not by a special primary nominating election under section 639, a part of the Direct Primary Law.