The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1908-03-28
The Primary Law Declared
Unconstitutional.


1t will be recalled by readers of The
Chief who felt an interest in the subject
that mention was made in these columns
some weeks ago of the institution OF
a suit in the civil district court of New
Orleans attacking the validity of the
law regulating the manner in which
political nomin ations shall be MADE IN
this state. The title of the proceeding
is Thos. W. Labauve vs.. Jno. L. Mi
chel. secretary of state, and its object
is to compel defendant to place on the
official ballot the name of plaintiff as
Republican candidate for state senator
nominated by a convention held in the
parish of Iberville. The petition sets
forth no less than twenty-one grounds
OF objection to the primary election
law from constitutional standpoint,
and we have felt confidence from the
moment of reading these allegations
that some if not all OF them were well
grounded in law and equity.
The Labauve suit was prosecuted
by three of the ablest and best known
Republican attorneys in Louisiana, c..
S. Hebert of Iberville, Judge Taylor
Beattie of Lafourche and Hugh S.
Suthon of New Orleans, while the de-
Tense was conducted by Attorney Gen.
eral W alter Guion.
A decision was rendered in the case
last Tuesday. the Oath inst, by Judge
Fred. D. King, whose exhaustive re-
view, analysis and determinat of
the questions involved covers twenty
pages OF typewriter manuscript. In
clear, cogent and what seem to US in
controvertiblete rms, Judge King main
tains the principal contentious of the
plaintiffs petition and pronounees
the primary election laws, known
as Acts Nos. 40 of 1906, and q an q
of the extra session of 1907, as uncon-
stitutional, null and void.
The main provisions of these acts
which are declared yiolatiye of the
constitution are those which prescribe
new qualifications for voting, which
seek to compel nominations by pri-
mary election alone, and which impose
upon the state the expense of conduct
ing primaries that should be borne by
the political parties holding such pri-
maries. Articles 200 and 2l5 of the
constitution of 1898 clearly reserve to
the people Of the state the right to
nomina ate public officers by primary
election, convention or other political
assembly, says the learned judge, and
the general assembly exceeded its au-
thority in seeking to make the pri-
mary election system compulsory.
The decision Of Judge King has ere
ated great interest and a profound sem
sation throughout the state. but there
seems to be almost universal concur
renee in the soundness of the jurist's
conclusions and in the belief that they
will be affirmed by the supreme court,
to which tribunal an appeal is to be
taken.
While it is not eanticipated that
the stains of the political tickets
and nominations now before the
people will be affected by the iudg-
ment in this case, it is clear that the
voters who participated in the Demo-
cratic primariesnowh have illegal as we'll
as moral ground for regarding them
selves absolved from any express or
implied obligation to abide by the re-
suit of those contests. Besides being
vitlated by fraud, the primaries are
shown to have been unconstitutional
and illegal, therefore null, void and
of no effect.
A voter who persists in regarding
himself tied up beyond recall or
escape by the restraints Of such a
of dishonesty and Illegal
ity is welded to his idols and will
ing victim to the letters of political
prejudice and bossism.