The San Francisco call., 1896-01-21
THE PRIMARY ELECTION LAW.

The Supreme Court of California sat III
banc yesterday and heard arguments
upon the question of the validity of the
primary election law which was enacted
by the last Legislature. The case comes
down from Sacramento County, the Board
of Supervisors of which have refused to
take the initial steps toward holding
primary election under the law upon the
ground of its unconstitutionaljty. There
upon writ OF mandate was applied for
in the Supreme Court by citizen OF that
county, and it is this application to which
the court gave its attention yesterday.
1t is OF great Importance, not only to
Sacramento County, but to the State at
large, that this issue should be considered
broadly and decided speedily by the court.
The act by its terms is limited in its appli-
cation to counties OF the first and second
classes, but one of the very questions OF
this case is what counties come within this
classification. Before the new constitu-
ton went into effect the Legislature
divided the counties of California into
three classes, of which the first class en-
braced all counties having above 10000 in
habitants, the second class all between 5000
and 10000, and the third class all under
5000 people.
There has been no classification of coun-
ties for all purposes since the new consti-
tuition was adopted, but only special and
much more diversified classification in the
several county government acts for tie
purpose of regulating the compensation
of county officers. If the former classiica-
ton still prevails the larger portion of the
- ha 70 ho S11hi n
this primary election law, while under the
later classihcations only three counties,
viz: San Francisco, Los Angeles and Sac
ramento, would be affected by its terms.
1t will thus be seen that practically the
entire State is interested in the result of
the decision
There is still another reason for this in
terest and for broad consideration and
speedy decision of the case. 1t is conceded
that the expense of conducting primary
elections under the law swould be very
great. This expense, which has heretofore
fallen upon the political parties, must, if the
law is valid, be borne by the taxpayers of
the counties which are subject to the law.
The result of a decision sustaining the
law will be to create deficits in the finances
of more than one of the counties of the
State for this year. This possibility, taken
in connection with the increase in the State
tax levy for the current year, has caused
the taxpayers of the affected counties to
observe with interest the fate of the pri-
mary election law.
The City and County of San Francisco
is in any view of the case city and county
of the first class, and as the most import
ant single subdivision of the State is most
materially concerned in the fate of this
statute. Although it is not directly con-
nected with the pending cause it is directly
concerned in and will be affected by its de-
cision. 1t is to be hoped that the Supreme
Court win take this fact into account and
when it has fully considered the case will
render a decision which shall apply to
San Francisco as we'll as to Sacramento
and fully and finally settle the vexed ques-
ton of the constitutionality OF the primary
election law.