A Photograph Was Not a Crime: Newport Candidates Beat Back a Newspaper's Bid to Rule Them Off the Ballot

In its issue of a week before last the Statesman-Index, of Colville, made the statement that Dr. G. W. Sutherland, candidate for commissioner from the Third district, and Leo H. King, candidate for county superintendent, had been disqualified for office because their photographs had been published in The Miner under the heading "Paid Advertising."

Dr. Sutherland, in order to set at rest any doubts, wrote the attorney general of the state, enclosing a copy of The Miner and asking for an opinion in the matter. In response he received the following letter, which should set at rest all doubts:

"State of Washington, Office of the Attorney-General, Olympia, August 5, 1908.—Dr. G. W. Sutherland, Newport, Wash.—Dear Sir: Your favor of the 1st inst., addressed to the attorney-general, relative to whether or not an announcement of candidacy, together with your photograph, published by you, would disqualify you for the office of county commissioner of Stevens county, was duly received.

"In reply thereto I will say, first, that the law does not contemplate that the attorney-general shall advise officially any but state officers and prosecuting attorneys upon request. I will say, however, unofficially, that I have given Sections 28 and 29 of our new direct primary law considerable thought, and I do not think that the photo and announcement of candidacy published by you, or caused to be published by you, disqualifies you. Truly yours, I. B. Knickerbocker, Assistant Attorney General."

In addition Mr. Knickerbocker sent the following, which is an extract from a speech delivered by Attorney General Atkinson before the State Press Association at Vancouver, Wash., on July 17:

"A newspaper may lawfully, for valuable consideration, print or publish a formal announcement of candidacy, without newspaper comment, or a photograph of a candidate, without newspaper comment, except statement of name of candidate and name of office for which he is a candidate, whether the consideration is paid by the candidate or by some one else. The consideration, however, paid or to be paid, should not exceed reasonable advertising rates. Although the letter of the law does not require it, the spirit of the law will be better subserved by placing at the beginning of the announcement of candidacy or of the photograph, in a conspicuous place, in plain type of black-faced Roman capitals, the words 'PAID ADVERTISEMENT.'"

Mr. Veatch, editor of the Statesman-Index, refuses to consider the matter in any other light than that diffused by his own narrow mind, and in his last issue again rehashes the subject and declares the gentlemen disqualified. He constitutes himself sole interpreter of the intent of the law, and will not permit the opinion of any one else to be considered. He has shown his animus in the matter by thus condemning and discarding the candidacy of these gentlemen, and is doing his best to sidetrack them — not because they are not capable to acceptably fill the offices to which they aspire, but it would appear that they live in the wrong section of the county, from Mr. Veatch's standpoint.

In thus trying to read Eastern Stevens county off the political map, the Statesman-Index will hardly have the support of fair-minded people on the west side, and its attempt will rebound with injury to itself and the party. Leading Republicans of the west side have expressed their regret at the unfair attitude taken by the would-be party organ.

The gentlemen are going to stay in the race for the nomination despite the dictum of Mr. Veatch, who has had the conceit to constitute himself as judge and jury in the hearing of the case and has dismissed them without a fair hearing. They have back of their contention the opinion of the attorney general of the state — the highest authority outside of the courts. They believe that the voters of the county are not going to allow themselves to be led about by the Statesman-Index, which, in its vanity and prejudice, is doing what it can to harm the interests of the party in the county.

Dr. Sutherland is a gentleman whose qualifications for the office of commissioner are numerous and unquestioned. He has had a wide experience in business matters, which would bring to the service of the county a business management which it seriously needs at the present state of its finances. Prof. King is a thoroughly qualified man, a postgraduate of the University of Wisconsin, and has had five years' experience in educational work.