The record-union., 1892-10-17

1t can readily be seen that it would be
no benefit to either party to allow it a
ticket heading unless it had full State
and local ticket, for no voter of the party
could express his choice by stamping the
party designation without partial or total
distranchisement. His supposed ad
vantage would be but delusion and a
snare.
Even in San Francisco at the approach
ing election, if, as is said to be the case,
the Non-Partisans have nominated cam
dldates for the Legislature, and if, ac
cording to the official opinion of the
Attorney-General, the names of such
candidates are to be printed on the gem
eral or State ticket, along with the names
of candidates for Congress and for Presi-
dental Electors, it will be just as much
the duty of the defendants to put the
party designation on the general as well
as on the local ticket, and the necessary
result would be that every supporter of
the party, who should thus be misled
into voting straight ticket, would lose
his vote for member of Congress and for
Presidential Electors, | imagine the sup
porters of the movement would scarcely
desire the privilege OF party heading at
such price.
Upon these grounds we hold that this
provision destroys the just, equal and
uniform opposition which in an election
by the express terms of our funda-
mental law than by the genius and spirit
of our institutions. 1t is, therefore, void
and imperative.
There should be no party designations
printed at the head of the tick cts, be-
cause there can be no voting by stamp
ing such designation.
Voters can only express their choice by
placing stamp opposite the name of
candidate ntf in p
answer to each question or proposition or
proposed amendment 10 the Constitution,
except only in case of Presidential Elect
ors, who may, under the law, he voted
Tor in groups by single impression of
the stamp.
Since this is the only mode by which a
voter can express his choice, the printing
OF parry designation at the head OF the
ticket could do no good, but only harm
by misleading some voters and causing
them to lose their votes. The officers
charged with the preparation of the
official ballots should, therefore, be care
ful to omit the printing of such headings,
and the voters should be thoroughly in
structed to express their choice in the
manner herein indicated.
1t will be understood, of course. that
we do not hold the new law unconstitu-
tional except as to the single provision
under discussion. In other respects. SO
far as we are at present advised, it may
be fully carried out.
The writ of mandate is denied,
BEATTY, G. J.
We concur:
HARRISON, J.
PATERSON, j.
MCFARLAND, +.
SHARPsTEIN, j.
CoNCURRING OPINION.
1t is very apparent from the reading Of
Section 1877 of the Act under considera-
ton in connection with the section to
which it refers, that in both spirit and
letter it was intended that only parties
casting 3 per cent. of the entire vote cast
at the last general election should have a
heading upon the ticket. Such being the
fact to my mind, the law is clearly uncon-
stitutional in this, that it discriminates
in favor of certain parties and is there
fore lacking in the uniformity of the op-
Grafton demanded by the Constitution of
this State.
L concur in the judgment.
GARoUTTE, J.
concur in the Judgment.
De HAVEN,J.