The record-union., 1897-08-31

Act, is the section whereby it is pro-
vided that during the month Of January
Of each year in which a general election
is to be held, it shall be the duty Of
the Board of Election Commissioners
lin this case the Board of Trustees), to
select from the precinct registers Of
the city fifteen electors from whom,
ultimately, the election officers of the
primary are chosen. OF course, we
have no general election until 1898,
and it is because of this fact that it is
claimed by some attorneys, and all
politicians, that the Primary Election
Act is imperative so far as this year
is concerned. I am informed that the
opinion recently rendered by me has
been attacked in many quarters, and
particularly by those whose occupation
would be destroyed by an honest pri-
mary at which decent citizens could
vote unmolested. For this reason l
have given the matter great deal Of
thought of late and I see no good rea-
son TO recede from the position origi-
nally taken by me. l am aware that
there is wide divergence of opinion
among lawyers, and that some very
able men, and some whose opinions l
value highly, hold a view contrary 10
mine. l am also informed that some
of those who were instrumental in pass
ing the Act have stated that they did
not think it would be operative until
next year. l have been at some pains
TO inquire what course has been pur-
sued in other cities, and I find in Stock
ton primaries were not called under
This law l11f in Erlcnn 1l laAK
was followed. The purpose of the law
is to afford honest primaries, and TO
surround the primary election with the
same safeguards that the law attempts
to surround general elections. The de-
sign Of the Act was to enable citizens to
express with freedom their opinions
about the candidates of their respective
parties and to ensure the honest count
ing of the ballots; and, also, to provide
something which has not hitherto been
the case in our State), for the punish
ment of those voting illegally or inter
fering in any manner with the orderly
conduct of the primaries. In con-
STRUNG statutes, it should be our aim
always to render them effective if pos
sible. When we consider the design
of the Legislature and the beneficial
results which must flow from an hon
est primary, honestly conducted, ought
we not to resolve any doubt that we
may have in favor of the Act and its
Immediate operation? The selection of
the election officers, it seems to me, is
a mere incident to the Act The time
of their selection seems to me quite i'm
material, and the provision regarding
the time of their selection do not think
mandatory. Suppose our Board OF
Trustees, for instance, should not in
January next year select the primary
election officers, would it be held,
therefore, that the Act would be in
operative during the whole of that
year? I do not think the politicians
even would give the Act such a strained
construction. The machinery is all
provided for the holding of primary
elections in accordance with the Act.
and we can just as we'll now, it seems
to me, select our primary election offic-
ers to act until January next year as to
let the Act remain dormant until that
time. If we can secure fair play in a
primary in this city-something hither-
to unheard Off we can make the pre-
dominant influence in any primary the
decent citizen and not the politician
and the thug: if we can place the NOM
ination of our candidates for office of
all parties in the hands of our reputable
people instead Of in the power of our
professional politicians, ought we not
TO do it? A reasonable construction
or the law will enable us to do so, and it
is for that reasonable construction that
l contend Respectfully yours,
HIRAM w. JOHNSON.
Mckay moved that the ordinance be
passed, and Tozer moved that the
board hold an adjourned meeting on
Wednesday evening to consider the
matter further. Pennish moved to
amend by postponing the meeting till
next Monday night, in Difference to the
Attorney General, after asking his
opinion, but Tozer said that would be
too late, and Pennish said he did not
care if it was, as they did not want
it, Mr.. Hatfield did not agree with
the Corporation Counsel.
Tozer said that Corporation Counsel
Johnson and Mr.. Hatfield agree that
the old law is wiped out. and that no
legal action can be taken under it, and
it is better to be on the safe side and
comply with the new one
Devine moved to lay the ordinance
on the table The motion was lost.
only Devine and Pennish voting for
it, and on motion of Tozer the board
will meet on Thursday night to consid-
er the ordinance.
MISCELLANEOUS
The bidders for painting the flag
staff at the plaza We're the Sullivan
Kelly Company. $50; Egan Brothers,
$50; J. l. Johnson, S21; J. P. Callen-
dine, S43, and Joseph Saunders, $40.
Inc bids We're referred to the Chair
man of the Finance Committee.
Tozer, for the Finance Committee,
recommended that the Auditor and
Treasurer be directed to transfer S440
from the general fund to the street
bond fund. So ordered.
William Trust. 614 NJ street, asked to
be allowed to make direct connection
with the sewer Referred to the Su-
perntendent of Streets.
The report of the Committee on I'm
provements of the Chamber of Com
merce was read and on motion of De-
vine vas received and placed on file
1t stated that the condition of the
graded streets is such as to demand the
prompt attention of the City Trus-
tees. The property holders having
paid for the streets. which were ac-
cepted by the city, they should he re-
paired out of the public funds. The
committee believes that the best and
most economical way of restoring such
streets would be to cover them with
three OF four inches of macadam and
pack it with the steam street rollers.
1t recommends that the Trustees be pc
finrad +n add / cantS on, thn S1nA e..