The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-10-18
SUPREME COURT ONCE MORE UP.
HOLDS THE PRIMARY ELEc-
THoN#LAW
BLANK SPACES NEED
NOT sE LEFT ON BALLOT
Absence of Blanks on Ticket Held Not
to Deprive Voter of His Elective
Franchise, Inasmuch as the Election
of Nominees Is Not the Election Re-
ferred to in Constitution.

The supreme court yesterday handed
down a decision in the case Of John L.
Guden, relator, VS.. Robert L. Johnson,
auditor Of Mower county, respondent.
Gulden appealed to the court to have
the county auditor leave a blank space
on the primary ballot under the names
of the candidates for each office and
also under each Office where there was
no candidate nominated. The conten-
ton was that unless this was done the
voter was deprived of his constitu-
tional right.
The decision written by Justice
Lewis and concurred in by all Of the
bench, except Collins, who was absent,
holds that the law does not require
such blank spaces to be left on the
primary election ballot. The decision
in part says:
"This case having been presented at
a time when it was impossible to pre-
pare formal opinion, we now proceed
to state in detail our reasons therefor:
las stated in the previous decision,
the case presents the question wheth-
er, in making up the official ballot for
the primary election, blank spaces, or
lines, must beEleft after the name OF
the last candidate for each Office,
name Of his choice for candidates; and
further, If the law does not make such
provision, them Isl it constitutional?
This law defines political parties for
the purpose Disseminating candidates
to go upon the official ballot; provides
how candidatessmay file notices of in
tentions to be such, and in what man
ner the ballot shall be made up.
No Provision for Blanks.
Taking up the various sections, we
do not think provision is made for
blank lines referred TO. In the first
place, the law deals with nominations
and not elections, and If there is any
doubt as to the meaning of any par
ticular provisions, they must be con-
strued with reference to the manifest
intentions of the legislature as ex-
pressed in the whole act It is evident
that it was not the intention to incor-
porate into the primary law that part
of section 25 of the general election
law having reference to blank spaces
for the reason that such provision is
inconsistent with the main purpose Of
the primary act.
eff the election Of candidates to the
position of nominees is an election,
within the meaning of article Z Of the
constitution, then the primary law, as
above construed, is unconstitutional.
1t would, in certain cases, deprive the
voter Of his privilege to exercise the
elective franchise. Such an occasion
might arise when no candidates appear
for nomination., no provision being
made for filing vacancies or for leav-
ing blank lines on the ballot to ena-
BILE the voter to write in the name of
some person of his choice.
Not an Election.
"But it is very clear that the election
Of nominees provided for in the pri-
mary law is not the election referred
to in the constitution.
"The evident object of the legislature
In passing the primary law was to
cure certain abuses which had grown
up in the course Of time in party or
CARNATIONS, and it cannot be seriously
questioned that it was within the
power of the state, in the interests Of
public order and good government to
provide q general method by which
party candidates can be selected, and
the only remaining question which goes
to the conStitutionality of the act is,
has the legislature, in adopting the
law, overstepped the bounds of reason
ableness? In other words, is the law
so restrictive in it's measures that there
is an unwarranted interference with
Merely a Method of Nominating.
.Tn the first place, we must keep
clearly in nindsthat the law is dealing
with political parties or organizations.
1t is based upon the theory that or
ganization, or party is the basis of the
dissemination and enforcement of po-
lftical ideas, and that the individual
must necessarily cooperate with such
an organization. There is no restric-
ton upon the individual, so far as the
PRONUNCIATION Of political opinion is
concerned, and the independence of
the elector to cast his vote at the gen.
eral election fog those who, he believes,
will best represent his political ideas or
best conserve public interest, remains
undisturbed. The primary election law
simply adopts "a general method by
which all parties and organizations
SHALL in the interest of public order,
upon a certain day, within certain reg
u1ations, meet and select their various
nominees to go upon the ballot for the
ensuing election.
Why Ballot Is Limited.
TN limiting the ballot so that it
shall only contain the names of those
candidates who have filed notice Of in
tention to be such, the law assumes
that a political party is of sufficient vi
tality, and has characteristic princi-
pies, to identify it, SO that either volun-
tarily or in obedience to party de-
mands, leaders or candidates will nat
urally come forward.
"The law is also constructed upon
the theory that If, at any time, any
political party previously in existence
shall have become so enervated that it
has no living and vital principles to
present to the people, and there are
no men having sufficient interest to
stand as sponsors for and advocate
it's principles, then there no longer re-
mains a necessity for it's recognition,
as a party for the purpose of selecting
nominees at such election.
1--WE are Of the opinion not only that
the legislators purposely limited the
electors at the primary election to vote
for those candidates who had filed no
tice Of their intentions to be SUCH,
but that in making such restrictions
there is no unwarranted or unreason-
able interference with the exercise of
the elective franchise, and that the
law is therefore Z, constitutional as
against the objection raised"
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