The San Francisco call., 1898-03-25


 s.eneFaI primary elections and providing penal Iles @ Tor Violating the law relating thereto Any Httatters or legislation contained in the body ot the act not bearing upon primary elections must go out; the constitutional provision quoted i ,alton Iouhd In the act by this test very many provisions have no place there. It would seem of Der 'ne LeglSiature Tn using the words for Otner Ss purposes in the title used these words ssoVlsedIy and in good faith lived up to them tuIy. t For the Legislation found in section af ter section of the act can find no justification m It's title, save under those words of bound ieSs meaning. for other purposes"
 section defines what State, district and 5ocaI conventions of political parties. Section declares that State conventions shall have power at their option to divide themselves into district conventions to nominate candidates for congress or other district nominees. Section 10 declares that after call for a primary cleo ton has been issued by the Election Commis- sloners the governing body of any political party or organization desiring to secure place upon the official ballot for it's nominees at the succeeding election must publish a call for a convention and provides in detail for the time when the convention may be called, ana requires notice to bc given in certain papers thereof. Section F declares that no person shall be allowed to hold more than one proxy at any convention. Section 13 provides that no nomination by any political conven- any official ballot unless such convention is constituted in accordance with this act. Sec thorizing the placing of names of candidates upon the official ballot without the aid of CTS of State conventions. Section 33 provides that no candidate nominated by a conVen-
  unless he files an affidavit setting forth cer tain facts as to the expenditure of moneys in securing his nomination. Section 34 provides that candidates shall make an itemized state ment of all moneys expended in securing nOlni- against candidates in refusing or neglecttng to file the above mentioned statement. Section 36 declares who shall be entitled to have their names placed upon the ofhclal ballot The foregoing matters taken from the body of the act are fairly illustrative as comprising leg islation not justified by its title- Many of these things totally foreign to any -ques- ton relating to primary elections, and others are so remotely connected with that subject as to clearly come within the prohibition of the constitutional provision. These matters of leg islation not being embraced within the purview Of the title are void and fall to the ground. Yet, while the elimination of them from the act to some extent may leave it weak and enfeebled, it still has sufficient vitality to stand alone, and we pass to further exami- angles and tested by the aid of other crucibles furnished by the constitution.
 Section l, article II, of the constitution pro vides: Every native male citizen of the United States every male citizen who shall have acquired the rights of citizenship under or by virtue of the treaty ot Queretaro and every male naturalized citizen thereof who shall have become such ninety days prior to who shall have been a resident of the State one year next preceding the election, and of the days, and in the election precinct thirty days shall be entitled to vote at all elections which law And in furtherance of this constitu- tutional declaration section II, article XX of the 
 suffrage shall be supported by laws regulating elections, and prohibiting under adequate penalties all undue influence thereon from power, bribery, tumult or other improper prac- tices.' When tested in the crucible furnished by these provisions or the organc law the the requirements there laid down. The primary election provided for in the present act Is an election authorized by law" under the fore going provision of the constitution. This must be So. For the law is mandatory law It has been directly decided to be an eIectlon re ferred to in the constitution. (Marsh vs Sup ervsors, Ill Cal. 36S) It must be an election under this provision of the constitution, or the Legislature would have power to provide that money should be taken from the State and county treasuries to pay the expenses Of con ducting it. The validity of any taxation look ing toward the raising of money for such pur- poses would be absolutely void if the elections provided for by the act are not elections recog- niZed by and referred to in this constitutional provision. These things being true. the Legis- lature has no power to deprive any citizen of the State who fills all the requirements de- manded by the section of the constitution quoted from voting at election provided for by this act In this country the right to vote is recognized as one of the highest privileges of the citizen. It is so recognized, not only by rnent Inv legislative power upon that right as granted by the constitution is idle legislation. If the Legislature by this act has deprived citizens of the right to participate in the cleo tons therein provided. who qualified to participate under the constitution-aye, even If the Legislature has deprived one citizen so qualified of such right, the act Is void as an se we have seen section II article Xx of the constitution authorizes the Legislature to psa 1 g 1his Certainly does not mean the authorization of laws looking toward the cur tailing and deprivation of free suffrage The Legislature has the power to pass laws look. ing to the proper and reasonable regulation of the exercise of the right of free suffrage and when that has been done its power has been
 Before passing to an examination of the act itself for the purpose of ascertaining who are hereunder, we will consider another matter closely allied to the question now under con- nffn 14STNcrz tion 23 of the act. it Is provided: Any native born citizen who since the last general cleo who has become naturaltzed since the last general election, shall be entitled to vote at application to have his name placed upon the precinct register of the county in which he tion." It will be seen by this provision that all native born citizens who since the last gen. eral election have become of legal age, and who have been legal residents of the county titled to vote It will also be observed that all citizens who have become so by reason of and are legal residents as aforesaid, are like wise entitled to vote Under this provision day next preceding the election would be en- titled to vote. Such legislation is not cur frage but enlargement of that right. That is the Legislature has attempted to extend the outside of those classes mentioned in the stituton. If the Legislature has such power, to women It has no such power. The Legis- lature can no more extend the right of suf- frage to persons not included in the constitu tional provision than it can deprive persons there included of the right. The application of the maxim, ''EXpressio unius est eXclusiO all terius' bears with full force upon this provis- ion of the constitution declaring who are com petent to vote elections authorized by the laws of this State. The legislation just quoted from the act bearing upon native born citi arriving at the age of twenty-one years after the last general election. and citizens naturalzed since the last general election, is void being in direct contravention of the of the constitution consists in this, that a legal residence in the county alone for thirty days prior to the election is the only condition re- quired by the act, whereas the constitution re- quires a legal residence in the State for one the precinct thirty days. This legislation Is also in contravention of the constitution in this that the naturalized citizen under the constitution Is not entitled sto vote unless his