The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1910-03-05
THE PRIMARY LAW.

THE PRIMARY LAW.
The constitutionality of the primary
election law enacted at the last SEES
sion of the legislature is to be tested
in the courts. A complaint has been
filed by Henry Ritter. prominent dem
0crat of Reno, and the proper state
official has been enjoined from or
dering any paper or having any print
ing done for primary election pur-
poses.
There has been q good deal Of COM
plant heard In various parts of the
state about the primary law. Some
Of the broadcast minds in both repub-
lican and democratic parties have
detected flaws in the law and mas
much as this contention has arisen.
We are glad the courts have been
asked to pass on its validity.
The Record has no objection to the
primary idea, for we believe it would
lessen the danger Of political boss
ism and machine politics. But we
are willing that the courts should de-
eide
Commenting on the step taken by
Mr.. Ritter. the Elko Independent
says:
"Henry Ritter, one Of Nevada's
staunchest democrats. has filed q
complaint In the district court Of
Ormsby county, attacking the consti-
nationality Of the primary election
law passed by the the last legislature
Henry Riter's democracy has always
been above suspicion and those who
know him will be difficult to convinc,
that he has entered into conspir-
acy to further the interests Of Sena-
tor Nixon or any other republican.
! Senator. BOYD and LA. Gibbons are
the plaintiffs attorneys. Boyd is a
democrat.
Now that suit has been begun to
test the constitutionality Of the pri-
mary election law the newspaper
should let the courts pass upon it's
validity without further discussion in
their columns. When the final de-
cision is made, the people will ac-
Qrisece In it whichever way 1t may
be. Judges Talbot, Norcross and
Sweeney will have the last say and
their decision will be in accordance
with the law
The Carson Appeal, discussing the
same question. has the following:
1T has been known for some time
past that this move would be made
and II has been the general concensu
OF opinion that 1t is better to have
the law tested at the present tim,
than. to wait uDil some act has beer
committed I1der the law and thel
find that the same Is null and voit
from the fact that the law is uncon
stitut:onal.
Much disct ssion has been had re
garding the law and the effect it viii
have In the politics Of the state, bu
with the filing Of the papers in tn
case today passes the matter up t
the highest court to say whether
Is to remain upon the statutes or re
egated 70 the scrap heap of bad law
and return to the former politics
methods that have been in force sin,
the State Of Nevada was admitte
into the unien."
The Carson Daily News has the 70
lowing to say:
The nightmare Of the Reno Jou
nal and a number of the Dickerso
papers has come to life and now lie
safely in the vaults of the count
clerk of this city and will soon b
paraded in the district court for tn
ratification Of all. The members
the supreme court of the state wi
soon have the privilege Of passir
upon the legality Of the famed pr
mary law and settle the question
to whether 1t is the law or not. 1t
Ii the law, all will bow with a hur
BILE grace and accept its provision
and should 1t happen to be declar,
Of no force, then we will have bet
saved the humiliating experience
holding an illegal election. One
the attorneys who has the matter
hand Of testing the law. was the xii
pin Of the late lamented legislatu
and through his hands passed eve
measure that received the signatu
Of the governor and became law.
he has taken the matter in hand
the testing Of the law, it surely mt
appear to him that there is go
cause for his action or he would wi
out doubt be arrayed with tho
upon the other side OF the fen,
! No law Is thought of until 1t Ii nee
ed and no law Is good until it b
been tested and found to ring trt
Therefore It il with q great deal
pleasure tbatwe see the steps tax
for the testing Of the law and we .
very we'll satisfied to see It knock
Into cooked hat and thrown il