The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1909-11-06
PARTIES
MAY PART|C-
|PATE
STATE SUPREME COURT HOLDS
THAT VOTER is IMMUNE
FROM DECLARING PARTY AT.
FTLIATIONS AT PRIMARIES.

Democrats of Wenatchee may par
ticipate in the Republican primaries
of next Tuesday according to the de-
cision of the supreme court of this
state, rendered Thursday in a case
taken from Thurston county.
The party workers of this city have
been in the air over this matter and
it is freely discussed both in the Gel
latly and Grass caucuses. Anticipat-
ing the general desire of the people
all over the state for decision in
this matter the state supreme court
took up this case very promptly and
rendered a decision that would be
guide to the voters on election day.
Inasmuch as the Republican ticket
was the only one filed in Wenatchee
it is likely that the majority of the
democrats in this city will avail them
selves of the opportunity to express
a choice for municipal candidates.
The following dispatch from Olympia
under date of November 4th, covering
this point is as follows:
The sra;e supreme court today af-
firmed the decision of Judge Mitchell
of the Thurston county superior court
holding invalid the provision of the
new primary election law requiring
voters to designate their party affil-
iations The decision was written by
Judge Chadwick. 1t declares that Gin
a most laudable endeavor to correct
an existing abuse the last legislature
altered section IL of the primary
law and lin its attempt to meet
condition the legislature has stopped
short of its purpose. and it's enjeavo-
must be held to be Intellectual until
proper amendment is made to the
registration law making compliance
with the later law possible
The decision points out that the
new law in it's title fails to refer to
section -. although it attempts to
i
further that this new law is an elec-
tion law, and can not under any rules
of Interpretation be held to amend
the general registration law, as it had
intended to do.
This particular section held inef-
fectual was intended to prevent DEM
ocrats taking part in Republican pri-
maries, and vice versa, and provided
} that at primaries "the elector shall
. have the right to receive the ballot
only of the party for whic he regis
tered" The legislature neglected to
provide any amendment to the regis
tration law to meet this party declar-
alton, hence the act fails.
There had been general calls upon
the attorney general for a determina-
ton of this section of the primary
law, and some weeks ago Assistant
Attorney General Tanner, with Coun-
ty Attorney Wilson and City Attorney
Bigelow of Olympia, all Republicans.
framed a test case and submitted 1t
to Superior Judge Mitchell of Thurs
ton ana Mason counties. These at
torneys all contended the section was
invalid, and Judge Mitchell rendered
decision to that effect. By agree
ment the attorneys took an appeal to
the supreme court and because of the
Importance of the question, and the
fact that primary elections are to be
held in many places in this state No
vember 8, the case was considered
ahead of other pending apeals.
Incidentally investigation of the
new primary law shows other void
features. The title purports to amend
sections /, 2, 3, 5, 10, 13. 90, 80, 33
and SO of the 1907 law. Actually.
the body of the act attempts to
amend sections 2. 5. 10. 12, IS. 2S,
20, 80, 33 and SO. Section 2S relates
to personal expenses and advertising
by candidates. and under this decis-
ion, because this section was not re-
ferred to in the title, the amendment
is void