The San Francisco call., 1909-06-29


candidate named by them. These nomina
tion papers to the number of a designated
percentage Of the voters of the party Of a
candidate-the percentage depending upon
whether he is a candidate for a state,
gressionai district, county, city, or city and
county offce-must be signed by such voters,
and with the nomination affidavit Of the can
didate fled, before such candidate is entitled
to place on the primary ballot.
PROVISIONS OF ACT
1t is further provided that the basis of
such percentage in each csse-that is to
the nomination of candidates by voters Of his
party-shall be the vote of the party for its
candidate at the last preceding presidential
election But any other political organiza-
tion which, at such presidential or last state
election was represented on the official ballot
by either regular party candidates or individ-
ual nominees only, who had received 8 per
cent Of the total vote at such presidential or
state election in the state of political sub
division thereof in which the candidate seeks
the nomination, may have a separate primary
election ticket a political party. 1t is
also provided that nothing herein shall be
construed as prohibiting the independent
nomination of candidates to be voted for at
any general election by; electors or bodies
OF electors as provided by section I16S of
the political code - The section
of the political code referred to allows the
nomination of candidates for public office by
to per cent of the entire vote cast at the
last preceding election in the state, district
or political subdivision for which the nomina-
tion is to be made, and further authorizes
the designation by the sgners of the petit
tion of committee to represent said sign
ers collectively a political party by any
name which may be selected and adopted
by them
These are practically all the provisions
IN the act with reference TO the nomina-
tion of candidates.
It is insisted by the petitioner that as the
only method provided for the nomination Of
candidates in the act is one for their nomina-
tion by political parties" alone. that the
legislature has failed to- carry out the man
date of the constitution, which requires that
provision shall be made in any legislation
with reference TO a primary election for the
nomination of candidates by electors
organizations Of electors as we'll as polit.
lcal parties; that the act is incomplete legis-
lation on subject where fun legislation is
constltutioEaily required, and hence the
act IS void; that the provisions of the act
saving to electors or bodies of electors the
right TO nominate candidates and electors to
public office by petition as provided in sec
tlon 1lsS OF the political code is a different
mode OF nomination than the constitutional
mode OF direct nomination at primary and
which, 1t is insisted by petitioner. the con-
stltut1onal mandate requires shall be ac-
corded to all classes that are mentioned in
the constitutional provision
OBJECTIONS ARE ABSTRACT
These objections to the validity OF the act
appear TO present an abstract question as far
as the record before us discloses. The peti-
noner is political party whose right to
participate IN a primary is conceded and
there are no electors or Organizations of
electors" who complaining as to the CON
stitutionality of the law. This. however.
does not prevent the particular attack on the
act from being made nor relieve us from the
necessity of disposing of it.
Not much stress is laid on the alleged fail
ure OF the Legislature to provide for the par-
tlclpatlon IN primaries of electors as dis
tInct from political parties or s.organiza
tlons of electors. The main argument il
addressed to the difference in meaning he
tween political parties and ..oreanizatione
OF electors Ordinarily there would seer,
70 be no distinction in meaning between
these terms. They would appear to be svn
onymous 1t is claimed however. bv nsti-
loner that there is this distinction. namely
tnat political parties are those which
heretofore had participated in a strueele ~
the polls for political ascendanev and thst
organizations of electors are those who
nave not; new parties organized to advance
some principle or measure of public noIicv
put which have not participated in anv
eleetion and that it is such new parties TO
which the term Organizations of electors,,
primaries must in any act relating tn pri.
mary law, be provided for.
We are not prepared to say that +bi.
oennition Is not correct, but, concediux II
20 - De true, We do not perceive anything in
the constitutional provision which makes Il
the imperative duty of the Legislature 70
proFide any other mode for particination in
primary than such as il has done In
1es1Ans the constitutional amendment il
VIII pc noted that, while it provides enact
ment by the legislature for the direct ,,o,s;
nation OF candidates at primaries bv nelect-
ors, political parties or aorranizat;or
OF electors it is equally provided that the
legislature may determine the tests and
ccnai1ions upon which such classes, or either
OF them, may participate in such primary
election. Under this latter clause of tbe
constitution we think it was left 70 The
legislature TO provide any reasonable tests
OF conditions under which participation bv
any OF the classes mentioned in the nrinnsrx,
law should be had and that the Ar;ns 20
condltlons under which practically only no.
itical parties which had candidates for
presidential electors at the last preceding
presidential election, or political organiza.
tions which having no such candidates VET
were represented by candidates on +be of6-
cial ballot at said presidential election or
last preceding state election and recaived
certain vote, should be entitled to partici
pate, together with the provision of fha sc+
with reference to section 1888 of the politi
cal code, was a sufficient compliance with
the constitutional requirement That tha
legislature was authorized to fix some tests
and conditions is clear. In doing so u bad
right TO take into consideration the M
htical situation Of the state disclosed bv
the existence Of political parties and politi
cal organizations with which, at the last
presidential or state election. the great ma
Jority Of the voters of the state had allied
themselves The existence of these uoliti
cal parties and political organizations il
could take notice of and legislate intelli
gently concerning, and the particular pro
visions of the act apply to such political
parties and organizations
On the other hand, oreaniza tions of elect
ors rs meaning something different from no.
htIcai parties is an indefinite term. Such
organizations may as well mean an associa
tion together Of a few electors-two. four ar
sx-as a larger number. At best il is but
an indefinite subject of legislation and one
which may present difficulties to a Ierisla
fure in the way of determining either what
shall be considered organizations Of electors
or to provide for participation when defined,
There is nothing in the constitutional pro-
vision which requires the legislature To
adopt universal mode whereby all the
classes mentioned may participate Under
the power to provide tests and conditions II
may prescribe different tests as to different
classes, its power being limited however.
10 providing tests and conditions which are
reasonable and not arbitrary As far as no.
htical parties and political organizations
are concerned, it has provided these tests
and conditions &ed established a mode
whereby they may participate aEainst
which no objection upon the ground Of un-
reasonableness can be urged As to that
class the legislation is complete.
IN INDEFINITE TERM