Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-12-08
STATE WINS FIGHT
ON PRIMARY LAW
Its Validity Upheld in Decision
of Judge Lueck.
Court Holds That Primary's Choice for
u. S. Senator is Not Mandatory
Upon Legislature.

Madison, Wis, Dec. Attorney.
General Frank L. Gilbert on Thurs
day received Judge Martin s. Lueck' Is
decision which upholds the Wiscon-
SIN primary election law, sustaining
the states demurrers on all points.
The suit was brought by A. B. Van
Alstine of Ontagamie county 10 re-
strain the secretary of state and the
state treasures from performing their
duties in holding primary election
next year.
ATTACKS LAWS VALIDITY.
The law was alleged to be uncon~
stitutional on five grounds, each be-
ing made cause for action. The
case was argued on Nov. % before
Judge Lueck, who was called on by
Judge Stevens. The plaintiff was
represented by Senator Lehr and
Charles Lamb while Attorney General
Frank L. Gilbert and Assistant At
torney General Russell jackson APP
peared for the state.
The court holds that while there
is division OF authority upon the
question of the power of the legisla-
ture to submit law to popular vote,
that the Supreme court of this state
in an early day passed upon this
question as in the case of Smith VS..
GAINESVILLE, Goth Wisconsin, and says
= I deem it unnecessary to look
beyond the decision of our Supreme
court because the question has been
settled in this state beyond coR~
troversy. " .2'.*s3.~
LAW LEGALLY PUBLISHED
!. On the sevonst cause for action he
holds that the law was published ID
accordance with the provisions of tne
constitution and the statutes, He
says No more than one publiCa
ton was required and the essential
one was made. The law was in
force on publication but limited as to
its taking effect upon the contingency
Of the popular Endorsement.
On the third point. he holds that
while the law substituted new
method of nominations which does
away with the caucuses and conyen
tions, it does rot abridge the right
of the people TO assemble and consult
for the rights of the common good.
On the fourth point, relative to
the Limitation as to the number of
names on nomination petition, he
says, the law is reasonable and is
regulation within the power of the
legislature to enact. 1t does not
deprive the citizen of any substantial
right
MERELY ADVISORY.
The provision relative to the
nomination for United States senator
he says is not coercive, but is merely
recommendation by the people of
their choice. On this point he says liz
will be observed there is no pledge or
promise of any kind exacted of candi
dates for mem GERS of either branch of
the legislature Each member of that
body is free to vote for candidate as
his choice.
1.-THE effect of such nomination is
mere recommendation by the people
sa to their choice for United States
senator, says Judge Lueck. 'One
of the rights expressly presedved by
the constitution is that of the people
to petition the government or any
department thereof.
In my opinion it would require
narrow construction to hold the law
invalid merely because it affords the
people a means by which they may
express their choice for the i'm
portant office or senator.
: The findings Of the court closes with
instructions that the defendants at
torneys draw formal opinion
sustaining the demurrers in all
points.