The record-union., 1897-09-04
The Board Was Mandam=
used by j. j. McKinnon.
Election Call Issued, But the
Board VIII Appeal.
Candidates Must Hustle and File
Petitions To-Day.

The application of J. ]. McKinnon
for a mandamus to Charles E. Leonard
and the other members of the Board Of
Trustees, to compel them to pass the
ordinance calling for a primary cleo
tion in this city came up before Judge
Hughes yesterday afternoon, the three
Superior Judges all being on the pencn
and sitting in bank.
r. T Devlin. for the respondents, said
that he had been called into the case
SO snort a time that he had
not had time to examine into it
properly, and would interpose a demur-
Ter. but would like to be given a little
more time to familiarize himself with
the matter.
Judge Hughes said the matter was
presented to him that afternoon, and
owing TO the short time that the rem
edy could be available, he did not like
TO consent to any delay and thought it
should be settled as soon as possible.
Mr.. Devlin presented the demurrer,
saying that the action was brought
against the Board of Trustees instead
Aof the Board of Election Commission
ers, but there were other points of OBJ
lection
L. l. I1dllltlQs NtA1O <ipp1cliCN III NAA~
petitioners. said he would waive all ir-
regularities. Only seven or eight of the
board had been served, owing to the
short time. The demurrer could be ar
gued IN the usual manner, he supposed,
Mr.. Devlin closing. The law in ques-
ton is a very prolix one. The only
question at issue, he thought, was:
Should the Board Of Trustees, as a
for n
primary election? It must be done six
ty days before the election. He took 1t
that the publication could follow the
order. He thought the Board Of Trus-
tees IS the Board of Election Commits
sioners, and read the law to sustain his
opinion. Section , prescribes its duties
and is the key to the whole situation.
Section ) names January as the time
for appointing officers Candidates
must he nominated under this Act or
else a section of the Political Code.
The question is whether the month of
January is the only time for appoint
ing Judges. If so, it is mandatory for
the board to do so. If the law is not
applicable this year. as the law re-
peals all former Acts relating to pri-
maries. the penalties should be remit
leu from AOIEIS dllI NCiA0AOe1tIo SSAAC "a -
be absolved from consequences. Is it
necessary that citizens shall have more
than three or four days time to ex-
anime the names of candidates and Off
GERS? 1t is only necessary to order the
election to-day and select the officers
and do the other work afterwards.
1t is argued that mandamus proceed
ings could only lie if January had in
tervened and the Board had not acted,
but it is set out in the law that the
election machinery applies to cities, and
that there is no general election this
year. If the time is short, the Board OF
Trustees is to blame itself, as it has
had plenty Of time since the law was
passed to have taken decisive action.
It also had since Monday night, when
the matter was brought up in the
board. but had given no intimation I'M
til last night that it would not order a
primary.
Mr.. Devlin said he had had but little
time to examine the Act, but had found
that there were many grave questions
involved in it. One is its constitutions
alitv. How far can the Legislature in
terfere with political party government,
church or secret society government.
and regulate their actions? This law
provides that any political party can
act only under its provisions. The
question at issue is the true, real, sub
stantial construction of the Act. He
held that the idea was, beginning in
January. 1898, to lay down law and
rule OF action. Any other way was i'm
practicable.
He read Sections and ; of the law
and argued that they prescribed that
in January, the first month of the year,
fifteen officers must be drawn, SO that
the public might know who they are.
The foundation of this Act is the selec-
ton Of the fifteen officers. Tt is mani
fest that it was never intended to take