The record-union., 1898-03-25

SAN FRANCISCO, March 24.-The
Supreme Court to-day decided the
Stratton primary law to be unconstl-
tutional. The decision was rendered
by Justice Garoutte, the entire court
with the exception of Chief Justice
Beatty. concurring. The Chief Justice
is out of the State.
The primary law first became mat
ter of legal contention in the superior
Court of Tulare County, where Charles
A Spier sought to restrain the Board
of Supervisors from proceeding under
the provision. of the Act The constitu-
tionality of the law was attacked, but
Judge Gray upheld it. An appeal was
then taken to the Supreme Court. The
case was argued a few weeks ago, T.
V. Gator appearing for Charles A.
Spier and Senator F. S. Stratton, the
author of the law, representing the OPP
posing side The principal point at is
sue was that the title of the bill con-
tanned more than one subject. The
title declared it an Act Ito regulate
primaries and for other purposes.
The Supreme Court ruled that almost
any legislation could be incorporated
under the caption and for other pur-
law invalid
The decision has been awaited with
some anxiety by politicians throughout
the State
The Supreme Court says:
THE Act is entitled An Act prOvid-
ing for several primary elections within
the State of California, 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 provide for the
punishment thereof, and for other pur-
poses
"A provision of the State Constitu-
ton provides: Every Act shall embrace
but one subject. which shall be eX-
pressed in it's title: but if 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 it's
title
Let us test the title of this Act in
the crucible furnished by the foregoing
provisions Of the Constitution. The Leg
islature. in framing this title, was
above all things candid. Upon its very
face the law-making power challenged
the sound policy of this provision of
the Constitution. and avowedly disre-
garding it, declared that the purpose
of the Act was the creating of a pri
mary election law, and other pur
poses Under the cloak of other pur
poses all and every conceivable kind
of legislation could hide and thrive in
the body of the Act, and thus the con-
stitutional provisions set at naught.
I'm 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 pri-
mary elections, 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 so out;
the constitutional provision quoted so
declares. Weighing and measuring the
legislation found in the Act by this
test. many provisions have no place
there. 1t would seem that the Legis-
lature, in using the words for other
purposes in the title used these words
advisedly. and in good faith lived up
to them fully; for the legislation found
in section after section of this Act can
find no justification in its title save
under those words of boundless mean
ing. for other purposes.
Section l, Article II, of the Consti
tuition provides: 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 of Queretaro, who
shall have become such ninety days
prior to any election. of the age of II
years, who shall have been a resident
of the State one year next preceding
the election. and of the county in which
he claims his vote ninety days, and in
the election precinct thirty days, shall
be entitled to vote at all elections which
are now or may hereafter be author
lied by law and in furtherance of this
constitutional declaration Section II,
Article Xxx, of the Constitution pro-
vfdes: The privileges of free suffrage
shall be supported by laws regulating
elections and prohibiting, under ade-
quate penalties, all undue influence
thereon from power bribery, tumult
and other improper practice
When tested in the crucibles fur