Omaha daily bee., 1909-07-28
TEST OF OPEN PRIMARY LAW
Case May Be Brought Soon in Dis
trict Court.
VICIOUS ASPECT OF THE STATUTE
Attorney Hrceu Points out the Places
In which the New LAW
FRIls Far short Of
Wisdom.
IC1oUs ASPECT OF THE STATUTE

c. II. T. Riepcn, one " the candidates
for the republican nomination for county
coroner. has about decided 60 bring a
test case In district court to determine the
consitutionality Of the 'opeu" primary
the amendment to the primary law
last winter by the democratic
legislature.
Should the test case he brought. o
F. Breen will argue the law in the matter.
Rreen at the last meeting Of the
Fontanelle club offered his services In
arguing a test case. and he and Mr.. Riepen
have talked over the question, with the
result that the candidate has practically
decided to take the amended law into
court for a judicial opinion as to it's con-
stitutionality and conflicting sections.
According to Mr.. Breen several defects
exist i'm the amended law. but should a
test case be brought it would be argued
mainly on the old provision requiring regis
tratlon. This provision was not repealed
in the new law, and the attorney says 1t
Is in direct conflict with the general tenor
Of the amended law.
Breen's Digest of the Law.
The general provisions Of the open pri-
mary law allow a qualified voter afrii-
iating with any or no party to vote for
whatever party he pleases," said Mr.. Breen.
lie can not vote for one man on one ticket
and other men on another. ticket; all his
candidates must be on the same ticket, but
after lie gets i'm the booth he can select
the party he wants. A provision in the
old law not repealed requires voters wish
irg TO vote in any primary to be registered
as to party affiliation. II the law said
that voters could register II they wished,
If might be another proposition, but 1t re-
quires them to be registered. This is where
the conflict comes.
"lf a republican can vote the democratic
ticket I'm the primary, or a democrat can
vote the republican ticket in the primary,
why require them to be registered a. to
party affiliation before allowing them to
vote in the primary? The law as amended
is absolutely void, and I have not the
slightest doubt but that 1t would be
knocked out II IL was ever brought to the
attention OF the courts
Mr.. Riepen has hesltated to bring the test
case for the reason that he fears people
would misunderstood his motive in so
doing.
Il have been afraid that people would
think that | Just wanted to kick said Mr..
Riepen, but If l finally decide to bring
this case it will be for the good of the
party and the state and to wipe out a law
which / believe has no right on the stat
ute books.'
The open" primary law would operate
On only two offices in Douglas county,
those of county coroner and county sur
veyor. There are three republican candi-
oates for coroner and two for survey or,
while the democrats have up but one can
didate each for these offices. one vote
would nominate the democrats and the
other democratic voters would be at lib
erty to pick out whom they believed would
be the weaker candidate on the republican
ticket for either of the TWO offices and
force the nomination of the weaker OPP
ponent