The San Francisco Call. Newspaper, July 29, 1900, Page 29

THE SAN FRANCISCO CALL, SUNDAY, JULY 29, 1900. w0 SUPREME COURT PRONOUNCES THE STRATTON PRIMARY LAW TO BE UNCONSTITUTIONAL < ion Under Which Political Parties Casting Less Than Three Per Cent of Total Vote Are Denied Privileges of Others Looked Upon by Justices as Unfair. Ask. if Legislature May Deny Pro- tection to Parties Casting Smaller Vote, Why-Not Deny It to Larger| Ones? HY preme (€ B dects 10 this effect was han er The prev was writter Justice ¥ 5 rred in by Justices 1 . K Mck A n J Ge Three Per Cent Provision. r er Wiecth Bt next ok - w ny the ¢ which votes, same r ¥ t C 4 sentatives - it to which : Legislatu s omitted cer- 4 - i T o Che atrier May Freely Assemble. e g0 to the | It 1s t r contended against this law th y > The Election of Delegates. sovereign One Power Usurping Another. eanmiot nstitutions doubted right he bills conside nd rights in — : ifl‘! | BY DYSPEPSIA 'BUT CURED BY JOHNSONS \ l ' kE \ | neident to | tions forbid that parties | Beriei e e eieiese@ 6 : b ’ * I 4 - ® JUSTICE HENSHAW, (Photo by Taber.) had been ibe that . although State, it is absolute and authority should stitution or fund The people c the to el .t welfa to secure the ¥, and to protect their per- from violence. ich men enter into e nature aad terms of - the of it. I decide what "he nature and I will limit the exer- cise of it amental principle flows from the very nature of our f republican governments, that no man should be compelled ay that security for ty, at erty, for the prote pr BV established. An & call it a law) iples sidered hority. ) Wall., & must be Ass t same d that every free go State. = * limitati such power which f the ture of all free impli of individual righte, with not_extst existence of our govern- any aber of men hold- 1 bellefs or governmental ate their views througn cannot be denled. As has preservation is an inharent al parties as well as of ind ple vs. Broad, 25 Colo., 407.) rve Party Organization. A law which will destroy such party or- ganization or permit it fraudulently to pass into the hands of its political enemies cannot held. The procedure of political rties be regulated and the wisdom of the Leg- ure may well be exercised in devising methods to check political corruption and | frdud, but “the Legislature itself, under the guise of regulation, cannot be permitted to row ope e rs to these very abuses. t 3 ng or even permitting the op- organized political party to ates to the nominating conven- of that party would not for a moment be tenanced. Y at in effect is precisely what the act under cc ation does permit It provides that the primary election of ali political parties shall be held at the same time. To the Intending voter at such primary one ticket is given. No question may be permit touching his political amliatio €. preser or future. The voter takes the ticket, retires into the pri of the booth and there, seat>d and not in violation of any law, but fn strict ccordance with the law—names such dele- as he desires td the political convention | of or another of the parties, whether he Is @ member of that party or not, whether he | ever intends to become such a member or not The resuit is apparent. The contro! of the party and of it aftairs, | Ravocacy of its principles. hands cf its honest members and turned over to the venal and corrupt of other political par- | ties, or of none at all. Masquerading thas | under the name of one of the great political | parties might be & comvention of men author- ized by this law to represent it and place upcn are taken from the | the general election ballot as its candidate those whom they might select—a body of men whose sole purpose might be the disruption and destruction of the party whose representa- {ives this law declared them to be. It is ex- pressly declared in the declaration of rignts eration therein contained shall strued to impair or deny others re- e people. (Art 23) A law permits the and mis- | representation_of a poll party is an in- novation of these reserved rights. | For the foregoing reasons the judgment of | the trial court is reversed, with directions that | {%verrule the demurrer of defendants. HENSHAW, Judge. van Dyke, Judge; McFarland, Beatty, Chief Justice. We concur: Judge. I dissent: Justice Temple Goes Further. Justice Temple's concurring opinion is as follows: corcur in the judgment on the second ground discussed by Mr. Justice Henshaw, and Tor the following additionzl reasons The act recognizes the necessity of political instrumentali- parties, and they are in fact th %Eh which the reople govern. A poli- t i5 an mssoclation of citizens who | gree tn certain lines of policy. and the pur- pose for which it exists is to impose that pol- | iey upon the gover This can only be | Gone by electing to office those are in fa- Sor ot much policy. It ix for this that conven- ti e held and candiaates selected. To do | | this it is absolutely necessary that the party oiling positions in the party e not in accord with its principles. pwer to preseribe its own t determines what the must have tests, It is the test th Il be. To deprive that party of this to destroy it. No one would eontend I slature n prescribe hat the That pall ber IT it conld do this it could pre- soribe what parties shall exist. And then, par- ties sometimes divide on great public ques- tions. In <uch case, the party retaining the old name wo = right, by proper tests, to B s Tormerly afAliated Wwith it but Who now differ, vss a party can do all these things it hes no security that the candi- dates put forth in its name represent its prin- Cinies.” And then the management and control ' fts organization may be taken out of its Bancs and given to its enemies. All this right of self-control the primary election law takes from the party crganization. The party is de- stroyed. or may be. and the members practi- cally cenjed right of free suffrage. Aad ther there may happen to be a new party which did not exist at the previous election. Why should {t, or, indeed, other political par- ties’ polling less than three ner cent of the Vetes be dénied the benefit of the protection of law—if it be a protection? T TEMPLE, J. concur in the above oinion. s HARRISON, J. Dissenting Opinion. In his dissenting opinion the Justice who disagrees with his colleagues says: In the Australian ballot law a declaration fs found defining what constitutes a political pa; within the purview of the act; and then it is further declared that those parties are entitled 10 hold political conventions and nominate can- didates for office. The vital element going to make up a political party under that act is that it shall have polled 3 per cent of the entire vote cast at the last election: The pri- mary law does not attemnt to define the phrase “political parties,” but declares that only those political parties which polled 3 per cent of the total vote cast at the last election shall participate in primary elections. In other words, this is a declaration that only those po. litical parties which entitled to hold con- ventions and nominate candidates for office under the Australian ballot law are entitied to hold primary elections. It is thus apparent that ¢ except by the law | are the foundation | e r b the Jaws permit. There are acts wh Federdl or State Legisla- | L ture cannot ut ex ng their au- &+ thority certain vital principles in wur fre republican _governments Al 3 which and overrule an eppar- t and f t abuse of legislative power: as authorize manifest injustice, by positive aw; or to take a ersonal the promuigation and | | shall be able to exclude from its conventions | Porter Primary Law Prevails, Deciare Party Leaders. fers to a great class of po- if that ciass of political clared and recognized by the Aust ¢ law forms & constitutional cls rimary law, In dealing with the same tical parti se constitu- the er been de- n decided in other ication of parties States upe a certain percentage of the total vote last election fs not viola- v of prov s, Indeed, 1t | seems to hat the de 1on of the State | stralian ballot law as to what ute a political party within the that act is constitutional legisla- - reasons I do not deem the 3 per se of the primary election law ob- us to dhe constitution of this State. It ¥ He further suggested that, as the Austra- ballot law does not reccguize an organiza. s a varty which failed to poll 3 per cent total vote cast at the last election, no benefits could be derived by such a participating in primary elections, omince of a convention Composed of s sglected at the primary election by | rty would not be entitied to a place e ballots. 1t must be borne in mind rrimary law In this regard is not h voiers as individuals, but with al rarties es sueh. Political Trickery Suggested. It bLe further suggested that under the present law, the ballot being entirely secret, and every voter being allowed to cast his vote | for the” delegates of any party represented upon the ballot, the result is that Democratic | voters may elect delegates to Republican con- |w and Republican voters may elect dele. | gates to Democratic conventions, and thereby | absclutely own and control the conventions of | op slitical parties. 1 am not prepared o that the existence of these conditions clearly renders a law unconstitutional which ermits {t. But | am prepared to say that a law of that character nresents a most anomal- ous s e of affairs. And a remedy for the evil s be found at the first sesslon of the L. ture, GAROUTTE, J. 0N DECISION The decision of the State Supreme Court declaring the new primary election law void created a profound sensation in po- ltical circles. The news spread rapldly from one party camp to another. There were secret whisperings all day Friday that the court might render such a de- cision, but after all the shock came to the | majority of party leaders without premo- | nition. Immediately after the receipt of the news George Stone, chairman, and Wil- liam M. Cutter, secretary of the Republi- | can State Central Committee, sent for W. 8. Wood, chairman of the legal com- | mittee. The result of a brief conference | was a decision to call a meeting of the executive committee. Accordingly notices | were sent by mall and wire summoning | all the members of the committee to con- | vene at party headquarters, in the Palace | Hotel, at 4 p. m, to-morrow. No plan of future action will be devised until the subject is thoroughly discussed with the The chairman of the general committee, Colonel George Stone, said the decision of | the court came as a great surprise. He | sai “1 would like to talk with our friends | of the other side, as Republicans and | Democrats face the same situation, and in | my judgment there should be some uni- | form plan of actlon, as there is no law governing the case. We are in the same beat through no fault of either party. At this time I cannot speak as to the wishes of our own committee. Personally 1 am |in favor of holding our State Convention | at Santa Cruz on August 28, the time and | place which we designated when we were | supposed to be governed by the primary |law. I would have the primary election | for delegates held on August 14, as we contemplated, and I would not change the apportionment. At present we are all at sea. The lawyers have not told us how much, if any, of the old primary law re- mains. In fact, we may have nothing to fall back on but old-time party usage. | Our exceutive committee may decide to | recommend to the county “committees | some plan of selecting or electing dele- | Bates to the State, Congressional and local conventions.” Cutter Will Not Change Dates. Senator Cutter, secretary of the commit- tee, and one who served in the last Legis- lature, was surprised, but not over- whelmed with astonishment. He expressed | the opinion that the old Porter law which | afforded a plan of electing delegates to | nominating conventions was knocked out by the amendments to the Political Code which were made to smooth the way for the Stratten Jaw. He remarked that the Australian ballot law stood, but nothin | remained to govern primaries. He fancied | that unregistered persons could be pre- | vented from partic pating in the open, go | as vou please primaries by the adoption | of a test, ‘‘Are you registered?” Each political party could, in his judgment, submit any form of test agreed u?on, Secretary Cutter said he would not change the date or place of holding the State Convention, or for that matter change the apportionment. He was of the opinion that county committees through- out the State would settle the manner of lecting delegates according to the wishes of their respective localities. Of course the conventions could not exclude | proxies. He realized that all the State | Central Committee could do was advise county committees, and the latter could appoint delegates or select their repre- sentatives by primary election or mass meeting. A_Call representative conveved to M. F. Tarpey, Democratic National Commit- teeman, the first news of the Supreme Court decision. Mr. Tarpey instantly went to Democratic headquarters at the Cali- fornia Hotel to discuss the situation with | Chairman J. C. Sims, It was the judg- | ment of the national committeeman that measures should be taken at once to get the best legal advice on the subject. In view of all the conditions and the fact that the decision affected both political partles in the same manner he believed it advisable that a joint conference of Re- publican and Democratic leaders should be called. Lawyers Will Be Consulted. Senator J, C. Sims, chairman of the Democratic State Central Committee, was Rreparlng to leave the city for Santa osa when he heard of the decision. He said the committee would not take any line of action until the lawyers were consulted. Personally he was in favor of primaries, according to old forms of garty usufe. He was of the opinion that emocratic sentiment generally preferred primaries rather than the system of ap- pointing delegates. He remarked that a meetm% of the executive committee would be held next Baturday. Chairman Sims is In favor of holding the State Con- vention at San Jose, the place designated by the State Central Committee, T. O. Toland of Ventura, who was yes- terday chosen chairman of the executive committee to fill the vacancy caused by the resignation of R. M. Fitigerald. read the court decision to a throng of Demo- crats at headquarters. The concirring and dissenting opinions were discussed. A. leut&l of Amador is incHned to believe that the decision is a misfortune 1o the State, aithough he does not in the L e ) JUSTICE GAROUTTE. (Photo by Taber.) T L o T S Wetedoedededotese® slightest degree question the wisdom and integrity of the court, Lawyers of both perties sert that the decision of the court declaring the pr mary law void will not affect the prov sion” of law which requires new registra tion throughout the State for the gen- ergl election next November. In the con- ion voters should not overlook the duty of registering for the Presidential election. In the work of framing the primary election law and the subsequent efforts put forward by the people of both parties to meet its requirements a vast deal of labor and large sums of money have been expended. All of this is love's labor lost and money thrown away. Jacob Step- pacher's work of years has gone up. The non-partisans, such as George K. Fitch, J. N. Britton and others, will re- oice that the law has been overthrown. ded the act as the device of ‘hey regarde C e bosses to exclude independent from parllclgalh)n in the nominating con- ventions. The non-partisans can now or- ganize to defeat the boss nominations of either political party. -— SENATOR STRATTON’S OPINION. Matters Now Same as Before Bill Was Passsd and Porter Law Operative. Senator Stratton said regarding the de- cision when seen at his home in Oakland: “The Supreme Court's decision leaves primary election matters exactly as they existed before the passage of the late law. We exist now under the same legal conditions as to primaries which have prevailed since 187, when the Porter pri- mary law was enacted. That law is now in full force and effect. “This, however, is small comfort for the reason that when party committees appoint their own officers and manage their own primaries the result is deter- mined before a ballot is cast “The Porter primary law, permitting olitical parties to manage without let or Pindrance: their own primary elections, is a part of the political code of this State. It was repealed by the primary election law of 189. This repealing act was held unconstitutional and subsequent appeals were attempted in the primary election laws of 1597 and 1899, Since all these laws have been declared unconstitutional the attempted repeals of the Porter law fall also to the ground. “Under the Porter law each party com- mittee can impose its own test as to the right to participate In any primary elec- tion. Since the Supreme Court has de- termined that no one can be prosecuted for perjury in connection with such a test this only operates as a moral deterrent. I am exceedingly optimistic in the lief that the present state of things will not be_ permitted to continue in this State. While the work has been laboriou to better polith lation have proved and the effort have those and thus far all effo; methods through legi invalid, still the time not been lost. 1 am satisfied that who have been the ploneers in advancing this great reform will in the end achieve success. The difficulties have always been know: nd the legal objections have been el foreseen. T myself introduced at the last session of the Legislature a prop: constitution- al amendment which will permit the Leg- islature to pass a proper primary election law. This proposed amendment nassed both houses and will be voted upon by the people at the next general election. The present law was defective only in part. 1f the constitution is changed as suggested, this law can be amended in importamt particulars and placed anew upon the statute books. “The absolutely necessary feature of any primary election law is that it must be under State control. The primar must further be heid at the same time and place for all .parties respectively. Such a law must further be simple in its operations and inexpensive in its work- ings. Each party should have the right to determine who constitutes its members and who are therefore entitled to partici- pate in its primaries, ““The late law had all of these elements oxcept the last, and this can be added when the constitution is amended. “The rural districts do not need a pri- mary law, and it should only be manda- tory in cities. This also is embodied i the proposed constitutional amendment.” What Assemblyman Dibble Says. Henry C. Dibble, Assemblyman from the Forty-first District, who made the fight for the Stratton act in the Assembly, calls attention to the fact that by an amendment to section 1186 of the Political Code, passed by the last Legislature, pri- mariés of the old sort will be necessary. “It will not be possible.” Judge Dibble sald yesterday, “for delegates to be ap- pointed. The amendment to section 1186 is not involved in the Supreme Court cislon and is, In_my opinion, still in force. This section defines a convention as ‘an assemblage of delegates clected by bal- lot at a primary election, representing a political party, etc. Previously a con- Vention was simply an ‘organized assem- blage of delegates representing a political party.” The existing ballot laws provide that party nominations must be made by conventions and I conclude therefore that the only way that candidates can be placed on the ticket is for them to he chosen at conventions composed of dele- gates elected at primaries. Appolnted del- GEates would not constitute a convention under the provisions of the new amend- ment. 2 “I regret very much that the Stratton primary law has been declared unconsti- Tutional. We are left without any real legal protection against frauds at pri- maries. As it now stands everything de- pends upon fair dealing by (he party man- agers. 1f honest primary election officers are appointed and the people iake enough interest to turn out and see that there is no stuffing and that an hones. count is had all will be well. “As 1 understand it the old Porter pri- ms;ry law has not been svecifically re- pedled. It provides that by resolution of the controlling committee a party may hold its prima?y under the sanction of the laws governing elections and makes the penalties against infractions of the gen- eral election laws applicable in such cases. Direct réference is made in the act to some forty sections of the Political Code. Seany of these have been abrogated by the new ballot laws, so that the act has little substance left. It never amounted to much, anyway, as there were never any prosecutions under it. ““Thoughtful politiclans hoped that the Stratton act would be sustained. It made decent politics necessary. Now many a boss will be drawn to corrunt methods in order to win who would have preferred to make his fight along decent lines, as he lwould have had to do under the Stratton aw. “By Senate constitutional amendment No. 4, which will be voted on by the people in November, authority is given the Leg- islature to enact laws relatlve to the holding of primaries and to provide tests and conditions under which electors and political parties may r-nldp-u‘ This amendment was submitted because the | | | ture | gency. Justice Garoutte Writes a Dis- senting Opinion in Which He Holds the Per Cent Clause to Be Proper. legistators feared en edverse decision on ) reluctantly tendered his resignation as any primary law under the present con- | chalrman of the executive In stitutional limitations, If the amendment | place T. O. Te m- is carried in November the next Legisla- of the State was appeinted. prevatled Central C of the will be in a position to new and efficient primary law stand the tests of the courts.” Chairman souvier’s Idea. give us a that will 1te secretary The following r The news of the decision did not find | M. F. Tarpey, was a the Republican County Central Commit- P L tee unprepared. Ever since the case was | i ool Tha! submitted to the Supreme Court prepara- tions have been on foot for such an emer- | “We are the zoverning body of the Re- | publican party San Franmeisco.” Chair- | man Bcuvier said last night, ““and we will | out any of their nu invite to meet proceed with preparations for holding a | of the State convention for the nomination of munici- | respective cour an pal officers, with the Stratton law elim- | nated I “A majorit the members of the nty Central Committee were in the and rooms in course this afternoon and to- e opinion generally held was ; that the municipal convention should be held about the time it would have been held d the Stratton law primary been followed. There was no discussion as to . the date to be set for a Republican pri- mary. That will ve to be decided in comnittee meeting. geraes MEETING OF DEMOCRATIC EXECUTIVE COMMITTEE R. M. Fitzgerald Tenders Resigna- tion—Resolution Providing for Organizations of Voters. A meeting of the executive committee | mittee from paign. tees are resentative tee and a of the Democratic State Central Commit- | 1 4 held at the California Hotel ves- | *~ e forenoon. The members present | The followin J. C. Sims. R. M. Fitzgerald, M. F. | |enaioman ; H. Budd, F. H. Gould, W. | }. Alford & . Alford, A. Caminetti, W. D. Crichton, | = it was res T. O. Toland, W McDonald, J. J. | mittee shou Fells, C. O. D r. William T. Jeter and | 1:30 p. m mas E. Curran. On moti J. Harvey MecCarthy of San Democrats of the Forty-Second. Diego was added to the committee. George | gpa Bryan and S * Club of th Catts of Stockton was added to the leg- ' - islative committee. Forty-second A mitt from the Iroc Club, | well attende consisting of Charles Edelman, W. J. Golden Gate Hall Bryan, Joseph Gorman and Eilis' Powell, | tees were appoint invited Chairman Sims to address the Iro- McGilivray. J. J quois next Friday evening. Senator Sims | rick Boland. J accepted. Flynn and T. B On account of ill health R. M. Fitzgerald | Wasson, H. I ASSESSMENT ROLLS OF THREE YEARS COMPARED oS SSESSOR DODGE sent his annva! report which he submits tables covering two years 1900, and one of 1808, The ment roll has been mainly on pe: al propert in 1900 is due, the Assessor claims, to a decision April, 1990, declaring bonds of California corporations non- struck off $19,000.000 of assessable property from the roil replaced by personal property added in 190 that tion. The expenses of the office were reduce lows 3 abou Of ABSOSSOT............ of deputies (regular). Salary s (extra) . - Rotis.. block books. ete s Horse and Duggy hire....... o < Subscription to periodicals ... Telephone . . : : su Total $104.352 s = TELEGRAPHIG BREVITIES. 25577, Detective Dina home and m July .—Edward Castle- an, Ment.. was run over and ouri Pacific freight train near 28, Flive cars of the Tran- ST. LOUIS, aged last night by dyna- sit Comipa n, w heard the scene arrested Tenn., ; ently discovered in Hawkins ite. that assaye.show $00 re'is in great abundance uly 25.—The woman who com- | NEW A special was sicide at the Presbyterfan Hospital terday has been positively identifled . Blair of 3380 Caroline street, — - ANTONIO, Tex., July The wite and | || ® daughter of Secretary A. W. Shaw of the |} Young Men's Christian Assoclation of thie city || owned to-day in the Comal River while | || | AT WORTH, Tex., July 2. received here to-day denying that Geronimo, the noted Avache prisoner. has gone mad. He | || rioneds but is living with his squaw | || hoes. { YORK, July 25.—The Leyland Line | steamer Columbia, which arrived to-day from L ool ts that she encountered a dense the banl ¢ Newfound- land a July 25 a large iceberg was sec The berg appeared to be about 50 feet h and an eighth of a mile in length on the water lin At_the time of the passing the temnerature of the air was 45 degrees and the - cerecs PITTSBURG, J Val Remmel, candi- date f 3 of the United States on the ticket, who was ar- rested th Paul Bin- ger of Ohio Cowen of Penn- sylgania, chare nance in holding street meetings without a Ii- | cense, arneal@ the case t The hearing on the ap was fixed for August 3. The pe- titioner cl that the ordinance is a viola of the State itution, ———e CONVENTION A FAILURE. Ohio Middle-of-the-Roaders Will Not | Name a Ticket. COLUMBUS, Ohio, July 25.—The efforts of the middlé-of-the-road Populists to hold aState convention here were not successful, not over a dozen members putting in an appearance. They decided it would be inadvisable to name a State ticket. A3 Members of the party will follow their own ideas in voting for State offieers. al- though preference was expressed for the nominees of the Union form, ty. Rlectors at large were named as follows: Orvin J. Frey, Oldport; Thomas T. Mal land. Cincinnati. CLARK SAILS FOR EUROPE. NEW YORK, July 2—Willam A., Clark of Montana left to-day on the Lu- cania for a vacation in Europe. Before sailing Mr. Clark sald to the Evening World reporte “Yes, 1 may have given a check for 00,000 to the Democratic campalgn fund. erhaps {t was for more than that' amount. I sent a contribution.” ! s All Houses Looked Alike to Him. ! W. Adams, Uving at 17 California Those Pingree-made boots for “GLORIA" women are very hand- some, indeed. - Pains- takingly made, they fit like the proverbial glove—witiout a squzeze or a pinch NO CNE ELSE HAS THEM. B. KATCHINSKI, PHILADELPHIA SHOE CO. 10 Third St., San Francisco.