The San Francisco call., 1895-10-15
NEW PRIMARY LAW.
Its Possible Overthrow a Matter OF
Great Present In



Amid the Democratic factional fight for
the control of the party machine and its
aid in controlling conventions, there is
being kept in view by both sides the new
primary law passed by the last Legislature.
There is widespread doubt as to whether
or not the new law will govern the local
primary elections of the coming campaign.
If the law is upheld by the Supreme
Court the delegates to the conventions
and the members of the bodies governing
the parties will be selected by fair and
open election, over the management and
result of which party machines will have
little or no control. If the law is over
thrown the conditions will be the same as
they have been, and the party machine
will be the main thing needed. Under the
new law each faction would have an equal
chance, and the majority would govern.
Party factions would sustain the relation
to each other that parties do to each other
Without the law the faction in power can
control primary election or select its own
delegates and members OF the party gov
ernment without any primary election at
all, as the Democrats did last year.
There is much misunderstanding and
lack of any understanding about when and
how the law will probably be tested and
the grounds upon which it will probably
be attacked. There is no question that it
"
but as it is popular law, well thought of
by the people, party managers who want
it removed are hesitatingly waiting for
somebody else and some other party to
make move. However, those who are In
favor OF the law are equally anxious to
know whether or not it will stand.
1t has been wrongly stated in several
papers recently that the law will be tested
in few weeks. The law creating the new
non-partisan Election Commission is now
pending before the Supreme Court and
will be passed upon in few weeks, but
that decision will not directly involve the
primary law. No movement to test the
primary law has been begun or settled
upon in any party, and no definite proba-
bilities appear.
Many who are interested, both in favor
of and against the law, fail to see how it
can be brought to judicial notice before
next January, when the first steps, under
the new law, are required to be taken. 1t
is likely that as early as possible some
clerical act under the law, involving the
payment of warrant, will be performed
by arrangement, and then writ of prohi-
bltion, or some other order Of court, will be
asked for.
The opinion seems to be general among
lawyers Of all parties who have studied it.
that the Supreme Court will declare the
law unconstitutional, and its friends ex-
press anxious doubts about it. Several
points for legal contention are mentioned,
but there is but one point considered of
vital Importance. and that is that the law
Is special legislation, of the kind expressly
prohibited by the constitution. The law,
as originally framed by some able LAWYERS
and as introduced in the Legislature, was
q general law, applicable to the whole
State.
Representatives of many interior and
mountain counties where it was not espe-
cially needed and on which it would i'm
pose much additional expense and compli.
Gated labor were opposed to it, and to Sc.
cure the law for this City and Los Angeles
Martin Kelly and other promoters of the
measure agreed to an amendment making
! the law apply only to counties of the frs