The San Francisco call., 1909-06-29
Direct Primary Law IS Sustained In Sweeping Decision

serve the integrity Of parties. The neces-
slty for maintaining the integrity Of such par
ties is recognized in the constitutional pro-
vision with references to primary elections.
Inc right which once exclusively vested in a
pohtlcaI party to supply its own tests as to
the rights of one to participate in its pri-
mary elections has been modified under the
constitutional provisions empowering the leg
lslature also TO prescribe tests, and il is the
duty OF the legislature when legislating upon
the subject of primaries to so legisIate as TO
maintain the integrity Of parties and the
integrity Of any political party and the sue
cess and furtherance of its principles and
policies IS best attained through legislation
which viii permit participation in its affairs
py those only who are devoted to its princi-
Pies and policies. It is manifestIy proper
Tor the Legislatures to permit only those to
participate with party at a primary cleo
tion who are in sympathy with the aims Of
the party; those who are committed to its
principles and in sympathy with and loyal to
Its tenets In order to affect this end il is
Just as desirable to prescribe test whereby
the right Of a person 70 become candidate
OF party at a primary election shall be
determined as it is TO furnish a test by
which an elector shall be permitted to vote
for party candidate at such an election.
SUSTAIN PARTY INTEGRITY
All these matters tend to sustain party in
tegrity which is ore Of the chief aims Of
nate right 90 vote with any party at a pri-
mary were given TO electors whether they
were in accord with the principles Of the
party or not it would soon tend to destroy
all party organization. SO to permit per-
sons to become indiseriminately the eandi-
dates Of any OF all parties at a primary
election would tend to have the same effect
A political party is an organization Of elect
ors believing in certain principles concerning
governmental affairs and urging the adop-
ton and execution Of those principles
through the election Of their respective can
didates at the polls. The existence of such
parties, the dominant party and the parties
IN opposition to it lies at the foundation Of
our government, and it is not expressing It
too strongly to say that such parties are es-
sentiaI to its very existence. The design Of
the primary law is not to destroy political
parties, but, while carefully preserving their
integrity, to work cut reforms in their
methods of administration. Such being the
purpose of the law, it is not only proper to
prescribe such test but the absences Of
such a test would tend to work the absolute
dls1ntegration and destruction Of all parties
except for the saving power within theoparty
itself Of prescribing it's own tests and regu-
lations. The power Of a political party 70
prescribe such test for any Of its members
seeking prefernent at its hands may not be
doubted. and if the party can prescribe such
test so also can the legislature. Thus the
legislature, in the interest OF party integ-
rity, not only wisely, but as duty sought.
by test requirements, TO confne the right OF
electors 20 vote for candidates Of a party 70
those who had registered as affliating with
the party, and likewise confined the right Of
a person to have his name printed upon the
Official ballot as a candidate for nomination
by a party at such primary election to one
who in his affidavit declared that he afAli-
ated with such party at the last preceding
election, and who voted, If he voted at all,
for a majority of the candidates Of the
party at such election, and intends to so vote
at the ensuing election. Under the test pro-
vided in this act person can have his name
printed on the official ballot only as a can
didate at primary Of the party with which
he affiliated at the last general election.
Likewise, under the act an elector can only
vote for the persons to be candidates Of the
party with which he has registered that he
afhliates. These provisions deny the indis-
criminate right Of a person to become a can
didate upon the official ballot of all parties
of any other party with which he is affli-
ated as it denies also the indiscriminats
right of elector to vote for persons as
the candidates of any other party than the
one he has declared his affliatiOn with.
Both of these tests appear to us to be rea-
sonable ones and such as, under the eonstitu-
tional provision relating to primary cleo
tions, the legislature was authorized 70 pro-
vide.
The act further provides that a candidate
oeAeabeu ~ PAAl.A1y eleSt1on sAaA pc neil
gible for nomination to the same Office at
the same election. It is insisted that this
provision is void. The discrimination Of this
question may be properly reserved TO a case
when it arises. 1t is sufficient here to say
that If this provision be void this fact would
not operate TO invalidate the remainder Of
the law.
These are the only points which we deem
need particular discussion. Other attacks
made upon the validity Of the act, while
considered we do not discuss. as they are
not deemed of sufficient importance to war
rant it.
We concur:
MELVIN. ].
HENSHAw, J.
SLOSS, j.
SHAW, J.
BEATTY. C. ].
LoRIGAN, ].