The San Francisco call., 1901-12-18
OREGON UPHOLDs
A PRIMARY LAW
Supreme Court Of That
State Sustains
the Test.
Act in Question the Same in
Principle as California
Statute.

The decision of the Oregon Supreme
Court sustaining the Lockwood primary
election law enacted by the Legislature
of that State is recognized as victory
for the cause of clean politics and good
government. The Oregon law which is de-
clared constitutional, is the same in prin-
ciple as the California law adopted at the
last session of the Legislature. One of
the essential points at issue before the
Oregon court was the test, or the pro-
vision of the law requiring voter to de-
clare his political sentiment. Following is
the provision Of the Oregon law on this
point:
Any person desiring to vote shall state to the
first of the election clerks (which clerk shall
be of the political party the chair
| MANI his name and his residence and shall de-
mand official ballot Of the political party
or association he desires to use in voting, and
the said clerk shall thereupon announce the
| name and residence and party or association
\ politicai party or association W the name and
4 residence of the elector with pen and ink.
The test prescribed for participating in a
iparty primary is that the elector voted
3for a majority of the candidates of such
party at the last election or intends to
do so at the next election.
Regarding the Test.
The court in sustaining the test says:
Is the test reasonable regulation by which
to ascertain party affiliations? Mr.: Bryce says
the usual test adopted by parties is. Did the
portant election that for the State Governor
ship?" The Wisconsin acts of 1895 and 1897
fornia act of 1897 provides that If a person
challenged make oath that 1t was his bona hde
present intention to support the nominees of the
convention to which delegates are to be elect
ed for such political party or organization, he
should be entitled to vote. The act was de-
ground. And the Legislature evidently
derstood it. as at its session in 1901 it passed
another act containing precisely the same test
TO be applied at party primary election BY
the New York act the elector must declare
that he is in general sympathy with the prlncl-
pies of the party at whose primary he desires
to vote that it is his intention to support gen.
orally at the next general election, State or
National, the nominees of such party for State
or National offices, and that he has not en-
; rolled with or participated in any primary cleo
tion or convention of any other party since the
first day of the preceding year This is as far
as we have been able toafind precedent, and we
are impressed that the New York provisions are
which they are intended than the others, and
| yet it is concededly impossible to provide any
! test by which all fraud and illegal voting may
| be detected and prevented. Much must be left
| to the Legislature to determine, and long as
! and unreasonable it ought to be permitted to
stand: hence We constrained to hold that
the present law is valid, it respects that
/ specific objection.
| Should Stand in California.
If the test stands in Oregon, where the
constitution of the State does not in dis
tinct terms authorize the Legislature to
pass law applying it to primary cleo
tions, 1t should certainly stand in Califor-
mia, the constitution of this State ex-
pressly grants the Legislature power to
! prescribe a test. Constitutional amend
ment No. 4, adopted by the California
| Legislature March, 1899, and ratified by
! the people in 1900, gives the Legislature
! power to apply party tests to primary
! elections.
The Oregon law, held to be valid by the
! Supreme Court of that State, goes further
! than mere party test. In providing for
! primary elective ballots it requires:
The official ballots of each party or associa-
/ tion participating in the election shall be diff
/ ferent in tint or color from those of the other
parties associations, so to be readily dis
/ tinguishabe therefrom Duplicate Impressions
! of the same shall be printed upon cheaper COL
| ored paper so as to be readily distinguishable
! from the official ballots. These sample bal
! lots shall be uniform in color for all political
! ly as sample ballots for the information and
! convenience of voters, and shall not be voted
and If voted shall not be counted.
In Oregon a blanket ballot is used and
the names of the candidates for the nom
! mating convention are printed thereon
! In this State the ballot is blank and the
names are written thereon, or attached
thereto by pastors.
! Able lawyers who have carefully studied
/ the Oregon decision and compared the
! of California are firmly convinced that
| our present primary election act is con-
! stitutional.