The herald., 1896-01-18
Its Validity to Be at Once
Tested in the Courts
SUPERVISORS ARE ENJOINED
Further Proceedings Stopped Until the
Act Has Been Passed Upon
The Complaint Sworn to by 1artin c. 1arsh.
The Grounds on Which 1t Is
Being Attacked

The validity OF the new primary electlon
law is to be tested at once. Yesterday
afternoon at o'clock Martin e. Marsh, ac-
companied by his attorney, NJ. w. Conk-
ling, appeared at the county clerks office
and filed the necessary papers enjoning
the supervisors from proceeding further
toward carrying out the new law until the
matter has been passed upon jud!cially.
The matter will come up in court Monday,
when it is believed that the questions in
volved can be passed upon in their en-
tirety.
1t is the opinion of the district attorney
and his deputies that the law is uncon-
stitutional, and while the supervisors have
not expressed any opinion on the legal
aspect of the law, they know that it is ex-
pensive, and are not satisfied that it will
prove satisfactory in practical operation.
This being the case, the only point was the
best method of getting the matter before
the courts for aiudicaton. 1t became
necessary for the supervisors to proceed
under the provisions of the law before they
could be enjoined, and the board passed
the necessary resolution giving notice of
the intention to appropriate the necessary
funds to carry out the law. aud to select
the names from which the officers of elec-
ton are to be selected. This latter is quite
a job in itself. as there are $500 names to
be selected. The work has been in pro-
gress for the past three or four days, and it
was expected to take up all the leisure
time of the supervisors for the coming two
weeks.
While all those interested thought that
immediate steps should be taken at once
to test the validity of the new law, there
was some difference of opinion as to the
best method to pursue. After informally
talking over the matter yesterday, it was
thought the question could be got before
the court by the supervisors employing a
man to assist in making up the precinct
lists today, and allowing his demand for
the work, when the auditor would be en-
Joined from paying the same. Mandamus
proceedings could then be brought in the
courts at once, and decision had. This
plan was, however, abandoned, and late
yesterday afternoon it was decided to COM
mence straight injunction proceedings, the
following document, signed by NJ. W..
Conkling. attorney for the plaintiff, being
filed at 5 o'clock:
In the superior court of Los Angeles coun-
ty. state of California-Martin G. Marsh,
plaintiff, VS.. James Hanley, W. L. Wood
ward, A. w. Francisco, E. s. Field and
James Hay, comprising the board of SUI
pervisors of Los Angeles county, defend
ants-Complaint.
The plaintiff above named complains of
the defendants above named, and for cause
of action alleges:
That the plaintiff above named is citi-
zen of the state of California, and resi-
dent and taxpayer in the county of Los An
geles in said state.
That the defendants above named COM
pose the board of supervisors of said coun-
ty of Los Angeles.
That on the - day of January, 1896,
said board of supervisors passed resolu-
ton in substance and effect that on Janu-
pirate from the general funds of said
county sufficient money to conduct and
carry on primary election in said county
in accordance with the provisions of an act
of the legislature of the state of California,
entitled IAN act providing for a general
classes within the state of California, and
TO promote the purity thereof by regulating
the conduct thereof, and to support the
privileges Of free suffrage thereat, by pro-
hibiting certain acts and practices in rela-
ton thereto, and providing for the punish
ment thereof"
That plaintiff is informed and believes
and therefore alleges that said act is in
conflict with subdivisions 8, l and % of
section %, article " of the constitution of
the state of California.
That in order to carry out the provisions
of said act it will be necessary for said de-
PENDANTS, as such board of supervisors, to
purchase about 800 additional ballot
boxes over and above the needs of said
county for general elections, and said de-
PENDANTS threaten to and will proceed to
purchase said additional ballot boxes at a
cost of about $1,000 to said county, which
expenditure is and will be entirely useless,
and threaten to and will, unless restrained
by order of this court. proceed to appro-
pirate from the general funds of said
county sufficient money to conduct said
primary election. and will thereby entail
an expense of more than $4,000 upon
said county, to the damage of plaintiff and
other taxpayers of said county.
Plaintiff further alleges that he is with
out any adequate remedy at law, and that
he and the other taxpayers of said county
are entirely remediless without the equita-
bic interposition of the court.
Wherefore plaintiff prays that pending
the final determination of this case said
defendants be restrained from appropriate
ing said money to carry out the provisions
of said act. and from purchasing said bal
lot boxes not needed for general elections
in said county, and that upon the final
hearing of this cause said injunction be
made perpetual, and for such other and