The herald., 1896-01-23
Highest Of all Leavenng Power-Latest U. Govt Report
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prayed for on giving the usual under
AR@seH.UTEHY mURE

prdyeu ior ou giving tne usual uHuer-
taking.
THE SACRAMENTO CASE
The San Francisco Examiner of Tuesday
gives the following account of the proceed
ings before the supreme court in the Sacra-
mento case:
The petition which was recently pre-
sented to the supreme court by Major w.
A. Gett of Sacramento, for the purpose of
testing the new primary election law, was
the subject of short but interesting argl-
ment yesterday in the presence of the full
bench.
The case was submitted and the court
intimated that, owing to the importance of
having the questions involved in the ca sse
settled, an early decision would be rem
dered, doubtless before the end of this
month.
Major Gett precipitated the test by bring
ing an action to compel the board of super
visorS OF Sacramento county to carry out
the provisions of the law by naming a cer-
tain number of citizens who may in future
be called upon to act as primary election
officers.
The Sacramento supervisors were repre-
sented in court yesterday by Assista Dis
trict Attorney j. Charles Jones of that
county. Mr.. Jones opened the proceedings
by presenting demurrer which formally
objected TO an enforcement of the new law
because of its alleged 1uuconstitutionality.
The attorney then argued that the court
could not sustain Gelt's petition and direct
the supervisors to act under the new law.
His strongest point was that the law
could not be held to be constitutional, be-
cause it was clearly case of special legis-
latiOn.
Mr.. Jones explained that the law did not
have the constitutional effect of being gen.
eral in its operation throughout all of the
counties OF the state, and must therefore
fall. The constitution, he said, was en-
phatlc in the requirements that all laws ef-
fecting elections must be uniform. The
classification of counties was simply for
the purpose of fixing the compensation of
oliicers, and in no way could affect az cleo
ton. The legislature had not the power,
he said. to say that counties of certain
classes should conduct their elections diff
ferently from others.
Mr.. Jones said that, aside from the lille
galty of the act, it could not be made to
apply to Sacramento county. Its lam
guage was to the effect that it should apply
only to counties of the first and second
classes. Sacramento county belonged to
the fifth class, according to the county
government act of 1895. Mr.. Jones said
he believed this is a strong point against
Gett, but he considered the assertion of
uncopstitutionality of much more import
ance, as it affected the life of the law and
concerned every county in the state.
D. E. Alexander of Sacramento made a
short argument in support of the new law.
He said that when it was enacted the
legislature had in mind section 3OO6 of
the political code. and he claimed that this
section was not repealed by the new con-
stituton. lie denied that the law was the
result of special legislation, and declared
that Jones' argument in that direction was
decidedly far-fetched.
S. M. Shortridge, acting in the capacity
of a friend of the court, closed the argu-
ment by making an attack upon the law.
He took the same ground adopted by Mr..
Jones, and proceeded to emphasize that
gentleman's points.
The case was then submitted with a re-
quest for an early decision. The court in.
dicated that this request would be granted