The San Francisco call., 1898-03-25

State or national election, it would have been so palpabiy void as to fall at the mere sug, gesuion of its appearance before 9 judicial tribunal. Yet 1t would be judicial absurdity to say that citizens of State having the right and national elections may be deprived by the Legislature of the right to participate in the elections authorized and fostered under this act. As before suggested, these elections are made mandatory by the law. Revenue IS raised by the ordinary means Of taxation upon all the property of the State to pay the expense or conducting them. Their exclusive conduct and management is taken from political parties, as sociations and individuals, and placed in the hands of the State Their validity can only be upheld upon the theory that they are mat. ters of vital import to the general welfare or the State. and therefore matters in which every citizen and every taxpayer is beneflclalIy interested. In other words, the Legislature believing a sound public policy demanded such course, has made these elections d state @ III, M stitution. By the whole tenor of the act they are placed upon plane of State elections, and in the consideration Of the law bearing upon them, must be so recognized. IT the LeglsId- constitutional electors of the rights to partlcl- pate therein, 1t has the power to deprNe slN classes, and. if it be conceded that II has the power to so legislate Of necessity an elecllon thus held would be a stranger to the con stitution, and a pure creature Of the statute. Such conditions cannot exist, for the constitu- tion declares that the men here debarred from voting shall be entitled to vote at all elections which may hereafter be authorized by law; elections affecting the political life of the state This is such an election It Is essentiaig sent "a d q 
 therefore an election within this provision ol the Constitution.
 the voter declares test of his right 10 so vote a bona fide, present intention oI sup porting the nominees selected Dy the oeie- gates there elected, and before voting an oath that effect may be required 1ne power of the Legislature to affiX such test to t Iite right to vote will be alluded to hereaIter' put put, conceding the existence of the power, then all electors entitled to vote under the consu- tuition. who ready and willing to comply with this requirement of the law, nave com, mon right to participate in such election, ana any discrimination in favor or or agalnst any class CT individual is special legislation and prohibited by the constitution. For this req son. even if it be assumed that the elections provided for by the act are not elections rec ognized by the constitutional provisions which we have had under consideration, still the act must fall by reason of the special legislation to which we have here drawn attention:
 The power of the Legislature to establish i, a ter demanding the most serious consideration. If it were State or national election where State officers or Presidential electors were chosen no one would have the temerity to say that a legislative test could be invoked And power in the Legislature to create tests Tn these primary elections you recognize the right of the Legislature to create any test which to that body may seem proper Whiie the test prescribed in this act may be said to make it carries with it the right to make tests most unreasonable. If the power rests In the Legislature to create a test, then the power IS found in Democratic Legls1ature to make the test at a primary election a belief in the free coinage of silver at the ratio of 16 to l, and the same power is found in a Republican Legis- lature to make the test belief in a protective tariff. If such a power may be sustained un- der the constitution then the life and death of political parties are held In the hollow of the hand by State Legislature.
 These suggestions present matters for grave consideration, conceding that the cleo tiOns provided for in the act come without the provision of the constitution bearing upon elections, and that they are therefore mere matters of legislation with which the Legisla- ture has full and untrammeled power to deal. We understand this law is the first of it's kind in the United States. Its mandatory features present one of the greatest and most important innovations upon past legislation in this coun- try bearing upon primary elections Under the associations must come under its wing be destroyed. They must all bow down before it as the price of their existence. These things are only done by giant strides in State legis- lation, and the power of the State Legislature to thus enact with reference to political par ties presents grave and interesting questions. The foregoing suggestions are put forth in der that the State Legislature in future when dealing with this question may appreciate the importance of its work when viewed in the light of the constitutional difficulties to be given wherein we held the law invalid, have refrained from discussing these important matters. but content ourselves with merely suggesting them.
 For the foregoing reasons the judgment is reversed. and cause remanded, with directions that the proceeding be dismissed.-GA- ROUTTE, J.
 We concur: Mcfarland J.. Henshaw, J.; Van Fleet, J.; Harrison, J.; Temple J.