Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-10-28
statute Passed by the Las,
General As, emily Does Not
Work Smoothly
ITS VALIDITY MAY BE ATTACKED
A Former Chief Justice Gives Opinion
That the Law Is Very Defective
Violates Sanctity Of the Ballot-Mrs.
Kuhn Wins a Case In Supreme
Court.
.pecial to Tlmes-Republican.

! Special to mes-Republican.
Des Moines, Oct. 2S.--Although the
Thirtieth general assembly OF the state
of Iowa made q start in the direction
OF a general primary election law un-
der which party nominations might be
made. yet there Is grave doubt in the
minds OF many here whether the start
was a good one, and the whole effort
, may prove failure AS the new prim-
airy law is studied here it's defects be-
as to whether under the law there
any provision for the selection OF the
judges and clerks to hold the first pri-
mary election, though for subsequent
elections there Is method prescribed
The most serious matter in the law is
i found to be, however, q provision
which, in the estimation OF many law
years, is void because of it's interfer-
ence with the underlying principle OF
the secret ballot law. 1t is provided
that at the general state election the
judges shall ask each voter after he
votes with what party he wishes to be
known as affiliating, and his reply shall
be recorded on the poll books as a basis
for the separation of voters of one
party from those Of another, at subse-
quent primary elections, when held
The provision for making this public
inquiry Of the voters at the time he
casts his ballot at the general election
is taken to amount virtually to dis
closure of how he voted or at least
how he wishes to be known generally
as voting.
"That one clause of the primary
1llsgv,' said an ex-chtef Justice of the
supreme court. who desired his name
be Withheld, "is sufficient to cause
the defeat of the law If attacked. II
that question should come before me
on the bench | do not hesitate to say
that I would declare the law uncon-
stitutional, on the ground that 1t vio-
lates or undertakes to violate, the sane
tity Of the ballot. The thought Of the
lawmakers in enacting the Iowa secret
BALLOT law was that it should insure
immunity from all questioning ior all
of the voter, and enable everyone to go
to the polls unmolested and cast his
ballot without a single thing to dis
close his partisan bent. Here this
primary law comes in and authorizes
the Judges Of election to make a public
inquiry of everyone and it will be dis
closed to the part poll watchers who
sit with books in hand to record just
how the election is going. 1t is true
the voter does not have to answer or
he may lie about it, but If he fails to
disclose his party leaning he thus de-
prives himself Of any part in the maxi
ing of nominations. He must either
disclose his politics at the polling place
or disfranchise himself sa far as he
can in the matter Of selecting officials"
The primary law at present applies
only to Polk county, but it was planned
so that if found good here it can be
spread out over the state. 1t is an
nounced that great many voters will
decline to make public their leanings
in the polling places and there is ev-
cry probability of this clause of the
law being tested.
"The Iowa supreme court" said
Chief Justice Deemer last evening as
he entered an order for submitting at
the next term all cases filed on or be-
fore August 10. and started for st.
Louis train, lis much farther along
with it's work and in better condition
to handle the business promptly than
the people of the state have UNDER
stood The court is not far behind in
the work. We are up as near to the
cases as a court can very we'll be.
We are now fixed, with the present
system of submitting, so that decis
ion can be secured in six months at
the very furthest from that time it is
got to the court In January we hear
submissions in all cases up to within
four months. We feel that the system
is working out we'll"
Among the cases decided In the last
batch of opinions filed late yesterday
afternoon, when the court cleared up
all unfinished business, was that of
the case in which the Cedar Rapids
and Marion interurban sought to es-
cape paying certain taxes. claiming the
council had not the right to assess.
The court overturned the contention of
Judge Thompson.
The Sarah Kuhn case was decided
by the court. She is serving life
sentence for the murder of her hus-
band, and claimed her distributive
share of the estate. The supreme
court decides she is entitled to it, and
that widow does not inherit her
share of an estate, but gets 1t as
matter of right and of contract The
legislature last winter discovered that
the law was lame and fixed 1t up so
as to include the widows distributive
share as we'll as inheritances. Here
after a widow who kills her husband
can not claim her share of the estate
any more than could son or grandson
who committed murder.
The state treasury has received
nice little lump of collateral inherit