The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-07-09
STATE MACHINE
Has ATTACKED THE
NEW PRIMARY LAW
LAST DYING EFFORT TO DUST
THE NEW ELECTION
BOARD.
CLAIM THAT The LAW IS INVALID
Seek Injunction Restraining The
Commissioners From Holding
Election Under The New Primary
Law.

NASHVILLE, Tenn, July p
Like a drowning man grasping fran
tically at a straw. final effort was
made Thursday by certain represen-
tatives Of the machine rule" to kill
the election law passed by the general
ASSEMBLY OF The state during its re-
cent session The wolves We're scan
/ tily covered with sleeps clothing IN
filing q petition, by assuming the title
of citizens. taxpayers and voters of
the state Of Tennessee" and in the
petition filed they seek TO obtain an
injunction restraining election COM
missioners from holding a primary &C
cording to the prescribed acts of the
Inewly-enacted election law of 1909
In the caption Of the bill, which
was filed in the chancery court at
O'Clock Thursday afternoon, and with
drawn by counsel as soon as it was
recorded W. L. Ledgerwood and
about fifteen others appeared as plain
tiffs, while the defendants named are
Judge John A. Pitts ct al. The bill
itself is voluminous mass Of type
written copy, containing forty or more
alleged reasons for the unconstitu-
tionality Of the election law of 1909
A large number of these are borrowed
from the recent petition Of the old
board of election commissioners
against the new board, which petition
met its Waterloo" before Chancellor
Allison in the chancery court only
few weeks ago.
The same able attorneys who waXed
warm with eloquence in futile effort
to Dust the new board according to
the petition fled by the old board
have been engaged to wage this fight,
the outcome of which seems destined
to be very similar to that of its pre-
decessor or Older brother.
The petition filed is a direct attack
on the primary law itself, and the
plaintiffs pray for an immediate in
junction. Among other numerous al
legged reasons set forth in the lengthy
denunciation are the following
1. The board of primary election
commissioners is being attacked be-
cause it is alleged the act comforting
their election upon the legislature is
unconstitutional.
2. Because the election of the
boards by the Legislature is alleged to
be null and void for the want of a
resolution fixing the day in accord
ance with the act
s. Because there was not a quorum
of the senate present in the joint con-
vention.
/. Because the act creates a demo.
cratic board and republican board,
which means that one board is TO ba
composed of democrats and the other
of republicans, thereby making a po-
litical test of the holding of public
office.
5. Because the primary board pro-
viding only for the two dominant par
ties, and therefore it gives rights and
and imposes restrictions
upon one set or party of men that it
does not upon the others.
6. Because it extends from its oper-
alton all judicial and municipal off,
,ers, thus making an unreasonable
and unlawful distinction between citi-
.ens
7. Because judicial functions are
imposed upon executive officers and
without the form of trial, in that
he board of commissioners is given
ower to declare persons ineligible
or office when such persons are
harged with certain misdemeanors.
s. Because a poll tax requirement
rovided for by the primary law is an
unconstitutional restriction on the
ghts of citizens TO merely name
andidate and not elect an official.
9. Because the act not only pro-
des for a compulsory system of NOM
ating candidates, but also regulates
lie holding Of conventions to make
atforms and do other things, there
: including more than one subject,
HIGH, according to the constitution,
nders an act invalid