The record-union., 1897-09-16
IT WILL Be HEARD TO-DAY.
APPEAL CASE OF McKENNON
AGAINST THE TRUSTEES.
Brief Of L. T. Hatfield, Attorney
for the Petitioner, in the STRAIT
ton Primary Law Case.

10 compel them to call primaries uh-
der the Stratton primary law, Whlch
was decided in favor of the petitioner
by the Superior Judges OF this county,
sitting in bank and was appealed by
the majority of the board to the Su-
preme Court viii be heard on appeal in
San Francisco to-day.
L. 7. Hatfield, attorney for petitioner,
has filed his brief in the case, which Is
as follows:
In the Supreme Court of California
J. J. McKinnOn, petitioner and respond
ent, VS.. Charles E. Leonard, II. Wach-
horst, r. Z. Kent, James @. Davis, ID.
Mckay, L. Tozer, J. H. Devine, c. II.
Bentley, and T. J. Pennish, composing
the Board Of Trustees and ex-otficio
Board of Election Commissioners Of the
City OF Sacramento, respondents and
appellants.
BRIEF OF RESPONDENT PETI-
TIONER).
1t is an incontroveribIe proposition
that whenever the best interests of the
people require the amendment of old, or
the enactment of new laws, the opera
tion of such new provision should not
be deferred one hour beyond the short
operation; and it is also an incontest-
ible proposition that no subject is Of
more Importance to the people of this
State than the matter of the selection
of officers, and as the selection of Of
ficers is left TO election by the people,
it is Of the utmost Importance that
every safeguard practicable be thrown
around the selection of candidates for
oil l.,
the election itself should be open to
control and supervision by those who
are to be governed by such officers
when elected.
1t is also a fact beyond dispute that
the greatest danger to our institutions
in the matter of elections. arises in the
cities, where by reason of the concen-
tration Of a large number of people in
small territory and the characteristics
of cities generally in the way of foster
ing unemployed and vicious classes,
the greatest circumspection is neces-
sary. 1t may also be safely stated, that
if it We're not for the conditions exist
ing in the critics. there would not be any
very strong demand for such stringent
provisions governing any election.
Therefore it is manifest that if a
change in the mode of selecting can
didates for public office is necessary,
and the action of the Legislature at its
recent session conclusively shows that
it deemed a change necessary, then
such change should be given effect at
the first opportunity, and particularly
in those localities where the greatest
care is required; and the Act under con-
sideratiOn, in express terms by Sec
tion 43 thereof, provides that the Act
shall take effect Immediately The
presence of this emergency provision
indicates that the law-making power
intended that the provision touching
the vitality of Legislation should be
suspended and that instead of taking
effect sixty days after approval the Act
should be given immediate force. By
Section ~ of the Act, all Acts, or
parts of Acts, inconsistent are re-
pealed.
1t IS true there are a number of pro-
visions in the Act that are not very
clear, and some Of them of doubtful
wisdom; but the general proposition is
apparent that the Legislature deemed
a radical change necessary, and they
deemed it of sufficient Importance to
give 1t immediate effect, notwithstand-
ing the provisions of sections relied
upon by the Board of Election Com
missioners in this instance.
Section l Of the Act says. in express
terms:
'Au primary elections held within
this State for the nomination of anv
candidate for a State or district office.
member of Congress, members of the
Legislature. city. city and county.
county or town officers, or for the cleo
ton Of delegates to a convention for
the purpose of making such nonina-
tions, shall be held under the provis-
ions Of this Act"
Nothing could be more explicit than
that language. and it will be observed
IN Section that all primary elections
shall be held in this State at the times
hereinafter specified. and not other
wise, and provision is then made for
the years when by law electors of
President and Vice President are to be
voted for; also when State Conventions
are to be held, and the time is fixed on
the last Tuesday in March for hold
ing a primary election for the selection
of delegates to a State Convention to
select delegates to a National Convan-
ton; while in the year 1898. and every
four years thereafter. the primary. cleo
ton for the election of delegates m
the State Convention shall be held on
the second Tuesday in the month Of
July; end there is no other provision
at any place for the holding of nri-
mary elections upon a given date under
the direction of anybody whatever b,,t
the reading of the Act as whole clear
" indicates that the Act IS intended IN
supply regulations for primary elec-
tons for the selection of candidates for
every efice within the gift Of the peo-
pie OF any district or division in this
State.
Section 9 expressly provides that
Where a convention is desired for the
nomination of city or town officers only.
then the Board of Election Commits
sioners shall have the same duties and
powers IN regard TO primary elections
1heretO as they have where county. or
city and county, officers are to be nom
mated
Section 81 contains a provision that
II IN any city. county, or city and coun-
" there shall not be by law any Board
OF Election Commissioners. then all du-
oes enJoined herein upon the Board of
EIectlon Commissioners shall be en-
joined upon and performed by the Com
mon Council or Trustees Of a city. or
fhe Board of Supervisors of a county.
ana all duties enjoined upon the Clerk
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