Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-07-14
Discussing the Primary. Law.

discussing the Primary Law.
Pioneer Express: The Forum, Her.
aid and Bismarck Tribune are hav.
ing an interesting discussion over
the proper procedure in printing and
voting senatorial ballots at the fall
election. At the late primary the
Republicans did not give. either can,
didate 40 per cent, and Marshall and
Johnson will have to run against each
other this fall. So far the law is plain
but the law also says that a separate
ballot shall be supplied by the county
for this vote. Now comes the ques:
tons: Shall the name of the Demo.
cratic candidate be also on the sen.
atcrial ballot Clike the superintend.
ents in the case Of the womens bal.
lots(? Shall the voter ask for a Re.
publican or Democratic ballot as he
does at the primary? In other words
Is there any way of preventing mem,
hers Of the opposing parties from;
participating in the selection of the
others candidates? To say the Least,
the matter is decidedly mixed, and il
is quite probable that the courts will
have knotty problem to settle be.
fore we get through with it..
The difficulties indicated are inner
ent to the law. The real trouble lies
in the very beginning and basis of the
primary law. The law has no con
stitutional right, no moral right, to
Intervene or regulate the government
organization or procedure Of political
parties.
While 1t is true that actually this
is a government by parties, yet legal
ly and constitutionally it a govern.
ment of the people, BY. the people
and for the people"
Under the latter theory every citi
zen has the unalienable right to ex
ercise the privileges of the franchise
without limitation or hindrance, and
in absolute secrecy. No party, nc
matter how numerous, has any right
to any privilege or preference over
and individual voter. No other prin
cipal is stronger under the United
States constitution than absolute
equality before the law in the exer
else of the voters franchise No law
can possibly be made but which in
recognizing party, will give the party
and members Of the party privileges
over and against the individual voter
The law in attempting to regulate
and govern party nominations fails
in the very first and most necessary
proposition and promises.
1t fails to define "party" in lega
terms. The famous old culinary re
ceipt said, first catch your rabbit
The primary law in this, and so IA
as we know in other states has failet
to catch the rabbit, though it at
tempts to give specific directions al
how to cook It,
The first and proper method o
adopting a primary law is to put tn,
proposition before the people as t.
whether hereafter this shall be
!, government by the people or whethe
it shall be governed by party.
If the latter, then, define wha
party shall mean, its boundaries an,
limitations, and then declare that NJ
body shall vote or participate in tn
selection of officials except by an
4 through party organization.
I Otherwise we shall, as at presen
be continually getting into the sam
sort of difficulties as would be e.
| perienced by a carpenter who begin
building house from the ridgepol
\ downward.
How is it possible to regulate an
govern that which has no tangible {
legal existence by law?