Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1909-10-14
PRIMARY ELECTION
LAW UNPUBLISHED.
ONE REASON ASSIGNED FOR
ATTACK UPON ITS coNSTI-
TUTIONALiTY.
SUIT BROUGHT IN CIRCUIT
COURT BY CITIZEN OF OUTA-
GAME COUNTY.
Madison, Oct. II.


The constitutionality of the Wiscon-
sin primary election law was attacked
yesterday in suit brought in the
circuit court for Dane county by one
A. B. Van Alstine, through his attor
neys, C. F. Lamb of Madison and
Senator j. Elmer Lehr Of Appleton.
The suit is brought by service OF pa
pers upon Secretary Of State James
A. Frear and State Treasurer A. II.
Dahl and the court is asked to per
petually enjoin those officials from
auditing Or paying out any of the
monies of the state for the purpose
of defraying any OF the expenses arts
ing out of the operation of the alleged
primary election law.
The petition of Van Alstine, who
sets forth that he is d citizen, elector
and taxpayer and has been Tor 20
years,-of the town of Dale in Outa-
game county, was first presented to
Attorney General Frank L. Gilbert,
asking him to bring the suit on be-
half of the state. But that official
fatty refused to institute the proceed
| ing, whereupon the suit was begun
by the petitioner himself through MS
attorneys, and the papers were served
yesterday.
Five principal causes are set out
in the complaint, as follows:
| First-The law as it now is, is not
complete legislative act, neither is
| it a constitutional amendment in tha-
in its alleged passage the people act
ed in a legislative capacity illegally
delegated to them by the legislature.
Second-The law was never pub
lished at all, as is required by section
| 81, article Z, of the constitution.
Third-The alleged law abridges
and abrogates the right of the people
to assemble for the common good In
the selection of candidates for office.
Fourth-It abridges the right of
men to have their names presented
at a so-called primary election by
compelling them to secure a certain
number of signers. Further, it
abridges the right of the elector to
vote for another if the man whose
petition he has signed fails to secure
a sufficient number of signers to be
entitled to place on the ballot.
! Fifth-The law contains no proVis-
| ion for informing the legislature, by
certificate or otherwise, or any other
official, who the person is who has re-
ceived a majority of votes for Unit
ed States senator. The law is in
tended to evade the law providing for
| the election of United States senators
| by the legislature in a free and I'M
trammeled manner and regulates, di-
reefs and coerces the freedom and
discretion of the legislator in the
discharge of a duty placed upon him
by the United States constitution and
attempts to control and adjudge the
election and qualifications of a Unit
| ed States senator in violation of the
constitution.
This is the first attempt to test
the validity of the constitutiona1ity of
the primary election law. In the
| suit, heard by the supreme court last
winter wherein AdoIph Rosenhefm
was complainant in an attempt to
curtai1 the proceedings of the sena
toriaI investigating committee, the
court, which upheld the legislature in
it's investigation, studiously and af-
firmatively refrained from passing
upon the constftutionality of the pri-
mary election law
The primary election law was
passed by the legislature of 1908
with the provision that the question
of whether it should become effective
should be submitted to the people in
the manner provided by law for the
submission of an amendment to the
constitution. at the next general cleo
ton to be held in November, 1904.
The question was so submitted and
approved by a majority of the voters.
The law was not published in the Off
cia1 state paper as other laws are
published.