The herald., 1898-03-25
|STRATTON PRIMARYl LAW
Is LAID ON THE SHELF WITH
OTHER CURIos
lit HAS WHEELS IN ITS HEAD
The Candid Legislature Promised to
Violate the Constitution and
Performed Its Promise
1T HAS WHEELS IN ITS HEAD
Associated Press Special Wire

A44OClatSQ EE6SS 6pCCiRA "AS
SAN FRANCISCO. March A.-The su-
preme court today decided that the STRAIT
ton primary law was unconstitutional. Tne
decision was written by Justice Garoutte
and concurred in by all the justices except
Beatty, who is out Of town.
The primary law first became matter
of legal contention in the superior court
of Tulare, where Charles A. Spier sought
to restrain the board Of supervisors from
proceeding under the provisions OF the act.
The constitutionality of the law was at
tackled, but Judge Gray upheld 1t. An ap-
peal was then taken to the supreme court.
The case was argued few weeks ago, T.
". Gator appearing for Charles A. Spier
and Senator F. S. Stratton, the author Of
the law, representing the opposition. The
principal point at issue was that the title
of the bill contained more than one sub
iect. The title declared 1t an act ''TO regu-
late primaries and for other pur-
poses."
The supreme court says: 1.-THE act is en-
titled AN Act Providing for Several Pri-
mary Elections Within the State of Cali
fornia, and to Promote the Purity Thereof
by Regulating the Conduct Thereof, and to
Support the Privileges Of Free Suffrage
Thereat by Prohibiting Certain Acts and
Practices in Relation Thereto, and Pro-
vide for the Punishment Thereof, and for
Other Purposes
"A provision of the state constitution
provides: Every act shall embrace but one
subject. which shall be expressed in It's
title; but II any subject shall be embraced
in an act which shall not be expressed in its
title such act shall be void only as to SO
much thereof as shall not be expressed in
its title page "a, article IV.)
LET us test the title Of this act in the
crucible furnished by the foregoing pro-
visions of the constitution. The legislature
in framing this title was, above all things,
candid. Upon it's very face. the law-mak-
ing power challenged the policy of this pro-
vision of the constitution, and, avowedly
disregarding it, declared that the purpose
of this act was the creating Of a primary
election law and other purposes
"Under the cloak Of other purposes all
and every conceivable kind Of legislation
could hide and thrive in the body of the
act, and thus the constitutional provisions
would be set at naught. In this state when
these words, other purposes are found in
the title of an act Of the state legislature,
they accomplish nothing, and in reading the
title our eyes are closed to them. We then
have before US, tested by its title, an act
dealing solely with general primary elec-
tions, and providing penalties for violating
the law relating thereto. Any matters of
legislation contained In the body of the act
not bearing upon primary elections must 60
out; the constitutional provision quoted no
declares. Measuring the legislation found
in the act by this test very MANY provis-
ions have no place there. 1t would seem the
legislature. in using the words. for other
purposes in the title. used these words adj