Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1903-03-27
PRIMARY ELECTION,
Says the Court, Must Be "HeId
Under the Statutes"
Court Refuses Beckham Eligibility
Certificate, But Says His
Name Must 90 On Ballot.

Court of Appeals holds that Beck |
hams name must GO on the ballot,
and that primary election can be
held under the law.
The court says it must be under
stood that the only question decided
is that the committee has no right
to raise the question of eligibility of
one who desires to become a candi-
date before the primary, and for
that reason refuse to place his
name on the ballot.
DECISION IN BECKHAM CASE.
In the case of Young VS.. Beck
ham, Judge Paynter delivering the
opinion, says in brief;
The purpose of this proceeding
is to compel the Democratic Com
mittee to place the name of the APP
pellee on the ballot as a candidate
for the office of Governor before the
Democratic primary election. The
question of his eligibility has been
raised and the committee has re-
fused to place his name on the ball
lot. The question to be determined
upon the pleadings is whether the
governing authority of the party
has called a primary electio0, and
if so whether the statute authorizes
the holding Of primary election to
nominate candidates for State Of
fees whether the committee can re-
fuse to place his name upon the
ballot because they think he is in
eligible to reelection; whether by
proceedings in 'Eandamns the com
mittee may be compelled to place
his name upon the baRot used as a
candidate for Governor.
1.-The first question is easily dis
posed Of. 1t is averred in the pc
tition that the goveruing authority
of the party has calsed a primary
election, and it is not denied 10y the
answer, therefore the court must
lproosed upon the idea that the prI-
mary has been calledE by the gov.
erning authority of the party
From the Sections 1850 aud 1865 it
is manifest that the Legislature in
tended to provide for a primary
election for the nomination of State
officers.
section / sos provides that the
article shall apply to primary cleo
tdOas held for the purpose of nom
mating candidates for the State
Offices. A difficulty arises from the
fact that the law is not definite and
certain as to how the Eesult of a
primary election shall Se escer-
taioed and certified to the Secre-
tary OF State"
mHE MEA0HAM, CASE.
The opinion in the Meacham case
was delivered by Judge HO5son. It
follows
This court in the case OF Beck
ham VS.. Young decided that the
committee or governing authority OF
a political party in the State was
authorized @nder Article IL, Chap
ter Al, General Statutes to hold a
primary election to nominate cam
dinates for State offices. IL the
committee or governing authority
called the primary then it would
have to be held under the statute
and the court had no jurisdiction to
enjoin the holding of it The court
has no more right to enjoln the
holding of a primary election if
called by the governing authority |
of a party than it would have to eu-
Join the holding of a regular cleo
ton.
1.-The calling of primary is a
party matter to be determined by
the party authorities and the court
has no power to interfere with this
action. It is matter to be settled
by the party and by the authorities
of the party, and if complaint is
made of the action of the party it
must be made to the proper party
authorities.
"Under the facts as shown we
are of opinion the primary waslaw-
fully called. Judgment affirmed"