The Saint Paul globe., 1900-06-30
PRIMARY LAW IS VALID
HENNEPIN DISTRICT COURT HOLDS
IT CONSTITU-
TIONAL
WILL LIKELY BE APPEALED
Was Attacked Mainly on Technical
GFOunds-COurt Sustains 1t
In All Re
spccts.
WILL Likely BE APPEALED
GLOBES MINNEAPOLIS OFFICE,
u 20 WASHINGTON Az. SOUTH.

= Il took Judges Simpson, Harrison, Pond
and Brooks, Of the district court, just
about ten minutes, after hearing the ar
guments Of counsel yesterday, to make
up their judicial minds that the new
primary election law, which does away
with the old party methods of calling
nominating conventions, passed by the
last legislature, is constitutional, valid
and binding.
In accordance with this decision, the
alternative writ OF mandamus asked for
by Matt Gallagher to compel the mem
bers of the Democratic county committee
to call the primaries, as provided under
the old law of 1895, was discharged and
judgment ordered for the respondents.
If the case is appealed to the supreme
court at once it must be with the consent
OF the county committee as respondents,
otherwise it win have to take the usual
course, and, in the event 1t would, will
not come up until the October term
When Matt Gallagher served notice on
the committee the latter asked to be al
lowed time to look up authorities, which
was denied, but in view of the Importance
Of the case ana the necessity of securing
quick action, it is likely that the members
of the committee will consent to an i'm
mediate appeal, and that the supreme
court will follow the pace set by the
judges of Hennepin county.
In brief, the REALTORS claimed that the
act of 1899 is unconstitutional for the
reason that the subject of the measure
is not properly expressed in the title,
that the title is general in its nature, in
dicating that II is intended to apply to
the entire state, when in fact it applies
to counties having 2O0,o00 or more popu-
latiOn.
-s,,A I ~.
was that the primary act Of 1899 partook
of the nature of special legislation, hence
it violated the constitutional provisions
prohibiting special legislation.
Counsel for the respondents argued
the point as TO whether the law specif-
cally enjoined an obligation whereby the
defendants are compelled, as a committee
of the county Democracy, to call con-
Vention.
Section of the law of 1895 was cited,
the provisions of which provide that any
political party desiring to hold a pri-
mary election may issue a call, etc.
In referring to this section, Mr. Lara
bee said that for aught that appeared
In the act a political party might not
only desire to do a thing, and undertake
TO do it, but it might abandon the under
taking at any stage. Counsel held that
the provisions of the act simply prescrib-
ed how things should be done, if done at
all. The will of a party differed very
materially from the direct imposing of a
duty to perform an act.
The claim of the relator that the act
of 1889 was not valid because the title
does not state that it applies to counties
having at least 100000 population, was
attacked on the grounds that the act is
4 broad one and all of its provisions have
Just and proper reference to its title. 1t
was held to be sufficient If the title ex-
pressed the subject, or is sufficiently
broad and comprehensive to embrace the
several provisions relating to or connect
ed with the subject.
The conclusions of the court are as
follows: THAT chapter 349 of the Laws
of the State of Minnesota for the year
1889 is a. constitutional, valid and binding
law, and supercedes, as to the manner
of placing in nomination the candidates
of the different political parties in said
Hennepin county, chapter 27O of the
Laws of the State of Minnesota for the
year 1855"