Los Angeles herald., 1910-06-27
All the Latest News and Notes in the Realm of Politics

communication from U. S. Webb, at
torney general:
"Since the receipt of said letter, I
have received from you a copy of an
opinion of Hon. ]. d. Fredericks, dis
trict attorney, Los Angeles. addressed
to you, and advising you with respect
to the same subject matter contained
in your inquiry addressed to me.
herewith return to you a copy of said
opinion, which I have examined care
fully, and desire to express my ac-
cord Herewith in respect to the first
subdivision of his opinion.
THE INTENTION
with respect to the second subdi-
vision Of his opinion, am not entirely
sure Of his conclusion. 1t would seem
reasonable to suppose that the intention
of the legislature was that the pre-
cincts should influence or control the
percentage of names to be signed to
nominating petition should be the
precincts as they existed at the time
that the vote was cast within such
precincts and which said vote is by
the statute made the basis of compu
tation. At the same time, 1 am frank
to confess that there is no direct pro-
vision in the primary law which speci-
fies that such was the intent, or that
such must be the construction placed
upon the statute, and with respect to
this matter Mr.. Fredericks opinion
may be equally correct as mine.
I'm either event, 1t is unquestionably
the duty of the clerk to ascertain from
the most reliable sources at his COM
mand the percentage of votes cast, and
to be governed not by an extreme
technical Interpretation of his duty but
by broad and liberal Interpretation
as called for by the statute, to the end
that no man may be deprived of those
rights which the statute has guaran-
teed.
SHOULD ADVANCE REMEDY
Broadly the state primary act claws
1907, D. 263) being highly remedial, and
not in contravention Of the common
law, under canonized rules of construc-
ton it's provisions should be literally
construed to further and give force to
It's beneficent life and purpose in ad-
vancing the remedy provided, and re-
tarding the mischief struck at. The
rigor of very strict compliance with the
minutiae of directory provisions (such
as this) of the primary act is not to
be exacted at the hands of the plain
citizens, unskilled in technical precis-
ion, and who are called upon to initi-
ate action under the primary law, un-
less vehement call is made therefor
by the act. The mind of the judicial
interpreter of such a law must not be
narrow, and on the qui vive for flaws,
or it will stumble; and, absent the oil
of conmon-sense construction, the new
and untried machinery of the law will
break down and it's technical burdens
prove IT'S utter undoing. Many instances
readily recur of the application Of the
doctrine of the suff1ciency of substan-
tial compliance as against very strict
compliance.
Trusting that this may be of SER
vice to you, 1 remain, yours very truly,
"U. S. WEBB"
SECTION SIX VAGUE
Among the many questions with re-
spect to the Interpretation of the bum
glesome direct primary law passed by
the last machine legislature, number
have been submitted to the proper
county and state authorities for inter-
probation by Kemper B. Campbell, sec
retary of the Lincoln Roosevelt Repub-
lican league. One of the questions
raised as to the Interpretation of sec
tion of the act, part of which pro-
vided that the candidates for state of
fees should file their petitions with the
secretary of state, and another pro-
vision in the same section required the
filing of petitions of certain candidates
for state offices with the county clerk
In response to an inquiry relative tC
the place of filing of petitions of state
senators and assemblymen, Mr. Camp
bell received the following telegram
from c. F. Curry, secretary of state:
Estate senators, assemblymen petit
tions and judges superior court Los
Angeles county filed with county clerk
Pay fee to him. c. F. CURRY"