The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-20

Justice Ailshie was called upon as one
OF two acting supreme court iuages-to
pass on the legality OF the direct pri-
mary law which he framed for tho last
session OF the legislature.
What sorry spectacle this offers for
the distinct and separate branches OF the
Idaho state government. as contended
law Of Idaho, How humiliating It is to
have men In high places of state who
will aid In traducing our state constitu-
ton,
A Sad Departure
BY the very tenure OF office, the
judiciary is accorded the greater degree
of dignity OF the three separate and dis
tinot branches OF state government. ~
Is bad enough for an executive: elected
prostitute his office by intermingling
with the legislative. but for a member
Of the supreme court TO so far forget
himself as to besmirch the judicial err
mine Is an objectionable error-undig-
nfied unmanly. unlawyerlikc and gross
ly unprofessional
In this decision OF month ago. this
two-ply official was inclined TO place a
very extreme construction on the direct
primary law; a construction which the
legal profession and the layman regard
as farfetched and wholly unreasonable.
That a voters ballot should be ignored
because he falls 20 Indicate both his first
and his second choice is beyond the view
which ordinary mortals maintain OF the
rights of citizenship In the exercise OF
hs most profound function of govern
ment. The wording of the law. while
mystifying, carries with II no such suS-
geston for Interpretation.
This phase OF the law is unpopular ard
that such n construction placed on
il by two members OF the supreme court,
one OF which fathered the bill, causes the
ordinary citizen 10 pause and reflect as
TO the brand OF decision he is likely TO
get at the hands Of such a court should
he be compelled 70 appeal to II for pa
triotlc justice.
A Court Created Party
Yet this is the court which created
new Democratic party but two years ago,
and this Is the same Justice Ailshie who
sat in determination of that case. when
to decide as he did. would leave no can
didate TO oppose him. while TO do other
wise would leave him with q Democratic
opponent
Reverence for courts is a prime essen
tial to correct form OF government. and
the higher the court the greater the hu
initiation IL the citizen loses regard for
its probity.
Idaho now faces n peculiar problem in
relation to this law. as construed by this
high judicial tribunal The court pre-
judged the situation by making il
requisite that each voter should cast two
votes for all candidates. where there
were more than two persons named for.
the same office.
The logical conclusion from the read
ing of the construction placed on il 9Y
the court Is that voter. in such case.
falling to indicate his second choice.
loses his vote altogether Judges were
instructed, through the attorney gener-
ais office. based on this supreme court
view. TO reject all such ballots did
not. under these conditions. exercise both
a frs, and n second choice.
Judges OF election, apparently, have
generally ignored the instructions In this
regard. This suggestion is based on the
returns which fail to show the second
choice votes eoualins the FIRST choice
votes. II the courts view Of the situa-
tion was regarded. there should be ex-
actlv twice as many second as first choice
votes.
Secretary Lansdon has raised this is
sue. and will refuse to attach his name
to the accuracy OF the returns where
the second and first choice votes will dis
agree. There are four other members
of tho returning board and three Of these
are dependent on the returns for their
respective denomination 10 office.
An Embarrassing Condition.
Thus We have a most embarrassing
condition in our states history. affect
yolvng n scandalous intermingllng OF
two OF the three departments OF our
state government which Is palpabIe
indiscretion which should be at once
recognized By every citizen who rises 10
an appreciable reverence for our state
constitution,
tunity. they should elect men 10 the leg
lslature who are capable 70 cope with The
duties OF remoaelng OF the direct pri-
mary law and with other necessary leg
islation: without the assistance OF either
the judicial or the executive branch OF
our state government.
II such men can be chosen TO make
our laws the state will be the bene-
hciary. IT. matters little whether Idaho
has q Republican or Democratic leGis-
lature this year. There is no United
States senator 10 elect and no reason
why the voters should not step outside
the partisan groove and elect men 10 the
legislature who are mentally endo~'
with the ability to do the necessary
things as lawmakers and to bid the
officers OF the other two branches of
state government TO attend to their own