The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1908-10-05
ATTACK DIRECT
PRIMARY LAW
Continued from Page H.


second choice votes should agree
! This result is not shown in any coun-
ty in the state. 1t develops that in
Spokane there is a difference of more
than 400 between the total first and
second choice votes cast for COVER
nor. For attorney general the dis
crepancy is more than LOO votes.
Similar errors run through the
counts in each county, and the jum-
BILE is one that not even the most
enthusiastic supporters of the act
can reconcile.
! Lawyers and others who have
studied the question believe that if
test case, which goes into the mer-
it's of a second choice nomination, is
| instituted, the decision handed down
by the supreme court will apply with
equal force to all offices where a
! double vote had to be registered.
! Points which will be urged against
the new law are that political power
is inherent in the people; that laws
regulating the exercise of this power
must be equal and uniform, affecting
all electors alike; that no law can
be passed granting to one class of
electors privileges that are not
granted to all classes of electors; ;
that the primary law does this, as it
! excludes all electors except of the
dominant parties from its provisions
gives minority parties power to nom-
mate partisan judges and prevents
the republican and democratic par
ties from exercising the same power,
or that it gives such power only to
the republican and democratic par
ties acting Jointly, and excludes min
GRITTY parties entirely from any
choice; that the primary election is
an election under the constitution,
and it is not free and equal"
Other points are that absolute Sc
preparing his ballot; that the subject
of the act is not fully or truly ex-
pressed in the title; that so far as
| the primary act is a revision of the
/ general election law it violates ar
ticle 2, section 81 of the constitu-
tioG, which requires tie section re-
visei to be set forth at length; that
the law is in part a revenue nj 2aSure
and eXacts a fee for the exercise OF
a right by an elector to choose candi
dates and that the legislature can
only regulate the mode and not the
right to choose.
Many electors have no second
choice, it is argued, while the law
says voter shall not exercise his
first choice unless he has a second
choice. The provisions as to the
first and second choices and as tC
the nomination of judges are be-
lieved to be unconstitutional, and
if the contention is sustained by the
court, the result is the entire ac,
must fall.
1t will be urged by counsel for
the litigants that only the names OF
persons for judges can be placed on
the November ballots who have been
nominated by petition or by political
convention.
The provision relative to choice
| for United States senator will also
| be attacked on the ground that it
| interferes with the free choice of
the state legislature, 10 which body
alone the constitution of the United
| States leaves the selection of United
States senators.
If the second choice provision of
| the law is held to be invalid the re-
suit will be the nomination OF for
mer Governor Henry Mcbride for
governor, J. H. yesterday for attor-
ney general and Charles E. Coon for
| lieutenant governor on the Republic
can ticket, but would make no
changes on the democratic ticket.