The San Francisco call., 1896-01-17
But Two Weeks Left in Which
to Decide on the New
Primary Law.
MORE TEST CASES IN SIGHT.
What the Law Is and Why It is
Thought the Supreme Court
Will Kill 1t.

its consltutlonallty may follow soon the
application of A. W. Gett Jr. of Sacra-
mento for writ OF mandamus to compel
the Supervisors of Sacramento County to
proceed to carry out the law.
The petition will be heard on Monday
by the Supreme Court sitting in bank,
and District Attorney Ryan of Sacra nento
County will represent the Supervisors and
contest the validity of the law and its APP
plication to Sacramento County. The
matter is exciting universal interest
among the politicians here and elsewhere,
and there rumors that several well-known
Democratic attorneys of this City will ap-
pear at the nearing in the role of amicas
curia and assist in arguing that the law
conflicts with the constitution and with
various decisio ms of the Supreme Court.
Joseph Rothschild is one of these.
Ten days or so ago the Supervisors of
Los Angeles County passed a resolution
declaring their intention of proceeding to
put the law into operation, and prepara-
tIons TO found test case IN this action
were at once begun. The District Attor-
ney of Los Angeles County has written to
District Attorney Barnes asking his CO.
operation and assistance in getting an
early decision as to the validity of the law.
1t is understood here that legal action
has been or is about to be begun there,
which will be followed by an appeal to the
Supreme Court. In that case the peti-
toner would ask an order restraining the
Supervisors from carrying out the law,
while the opposite action has been taken
in Sacramento County.
One case which brings the vital points of
the question before the court would be sui
tClent, but there is possibility that after
hearing the Sacramento petition the court
will decide that the law does not apply to
Sacramento County and dismiss the petit
ton without deciding the main points.
In that case the Los Angeles proceeding
would come along in its place. But the
law requires important steps to be taken
during the month OF January and a quick
decision is needed. So there Is consider
able talk among both those who want the
law upheld and those who do not about TAX
ing the question directly from the City Hall
across the street to the Supreme Court
building. Such a case will necessarily
arise here before the end of the month
anyway. The decision as to whether the
new or the old Board of Election Commits
sioners Is the legal body is expected from
day TO day.
After it is handed down one of the first
acts OF the board will be to draw names
for election officers and to provide new
boxes, and Auditor Broderick will be al
once called upon to approve the warrants
for expenditures. GaIret McEnerney, at
torney for Auditor Broderick, has advised
him to approve no warrants under this
law until its validity is settled and this he
will do. Therefore the earlier the de-
cision comes the better, and so all who are
interested, both for and against the law,
are anxious that the Election Commission
ers here test the points involved as quickly
as possible.
This law puts primary elections on the
legal plane of general elections. Hereto
fore parties have done as they pleased
with them or done without them. The
law creates as legal institutions Estate
conventions, district conventions and
local conventions" a general prim airy
election must be held on the second
Tuesday of July every two wears for the
| election OF delegates to such conventions.
Tins election Is general one, at which all
! parties vote at the same time, and it is
| under the exclusive management of the
! Election commissioners as Is a general
election.
The Election Commissioners must be-
! gin their work in January of each wear
! in which general election is to be held by
selecting from the last assessment roll not
less than thirty electors residing in each
| precinct the selections to be made from
all existing parties in as nearly equal pro-
| portion as possible. These names go
through quite a process of registration,
publication and safe storage. One of sew
eral practical difficulties in carrying out
the law appears right here. 1t has been
| discovered that in many precincts of this
City there are not thirty voters on the as
sessment roll and one precinct has but
fourteen.
The names selected, registered and pub
Hshed as described are the ones from
which, twenty days before the primary
hn tIfNV, f'AVN
the names of five election officers of varied
political faith in each precinct and pup
lsh them. Those drawn are compelled to
serve, under penalty of law, unless excused
| by the Election Commissioners for good
| cause. The reward of those serving is ex-
emption from jury duty for one year. In
! san FRANCISCO 1S45 citizens would thus be
exempted, materially lessening the supply
OF Jurors while raising the standard of pri-
mary elections.
The Election Commissioners must pro-
VIDE polling place in each precinct and
separate ballot-box for each party partici-
patlng In the election. Each party must
use ballots OF designated color. The
polls must be open from A. NJ. until sun
set. Challengers are officially appointed
All the expense except for ballots is borne
by the county. Any act which is a public
offeDse at general election is made
public offense at a primary election, and
the same penalties follow.
Estimates of the cost of holding a gen.
eral primary election in this City range
from $32, 900 upward.
Had this law been made general one,
applicable TO the whole State, the main
legal points urged against it now would
not have existed. 1t was framed as a gem
eral law, but at the last hour, in Difference
to interior counties, it was amended to
make 1t apply only to counties OF the first
and second classes. 1t was the intention
OF the Legislature to make it apply only
to San Francisco and Los Angeles coun-
ties. The act of 1888, which prescribed
the present classification of counties for the
regulation of the pay of county officers,
putting one county in each class, has
since been considered a general one for all
| purposes.
In October last the supreme Court set
tied this classification business in the case
OF Biass VS.. Lewis, which knocked out the
lee bill, and in the case of Turner vs.
the County of Siskiyou, by declaring that
under section 5 of article XI of the consti-
tuition counties may be classified only for
the purpose of regulating the compensa-
ton OF certain public officers. Thus the
classification under which the primary law
! lNF,Z