Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-04


preme Court oi the State oi Nevada
decided the direct primary law con
etitutional The opinion was writ
ten by Justice sweeney and soncurrcd
~ 10y the entire court.
The direct primary law was passed
ut the last session Ot the Legislature
and va, one ui the party pledge
ul the democratic party. 1t was tath
cred by lion. George ID. Payne, oeu'
tor from Esmeralda county.
\, soon aa the bill had become q
law and certain factions ot the rcpubl
can party began To- hint that the law
was detective and would not stand
the test oi the court. Later direct
move was made to test the act ana
thi, effort to defeat the measure
which gives iull sway politically l."
the people oi ,hi, state and tins tl
tort has resulted III the highest court
declaring that the law Is good one
and must stand.
No question ui greater interest I"
the people generally has been pre-
-cnted to the Supreme Court ct TINS
state in many years, II ever before
and the Appeal publishes tonight the
decision as rendered by the snprt"'
Court in declaring that the coming
iall elections must be held III accord
:,ucc with the ACT i, passed al the
last session uI the legislature,
In the Supreme Court ot the State o'
Nevada
Henry Ritter, appellant, o.
~ {. Dumpla,,. H. Secretary al inc
state II Ncvada. Respondent. -.
\ Gibbons. ESQ, James I.
Hnyd E,q. iur appellant. :
X &. Stoddard Attorney General
I, 4 Fowler. Deputy Atty ''cnyr"'
Geo y Pyur. E~q., Tor RcSpIndvl.'.
II \ Nnrchuuec, Esq. li"r"'io
An,np. ESD. ,\micu> CurIa'
OPINION
Hy the Court SWEENEl, J.
Thc effect oi this appellate pr,Htc'"-
mo !, to test the constitutl"naity "i
rh9 law commonly referred t., aug
kn,,,yu q, the direct Primary Law
enacted March ., 1909. I9t''"''~
300. page H5D ,o,n
ON The 23rd day ct February, I''o,
,hc Appcllaut herein, 4 taNpay'i %''"
uua,ihrd clcctur III the state "I ~
lada. instituted an action III llG F'',
ludicIaI Distinct Court "i ln' ''''''
,ryala. iu and tor the County o."
Dpm,by, against the keHpn"a'h' w.
,r.tra;u him from CNpehdi"E '"!
money required t. be 'N'tn''" ''
"'| ,.;''! ;,tn ,uy contracts required t.
hr cutrrcd into, under ana ny N"'"N
al that certain law entitled
"(u Net t. provide Tor the h,It'
,,,,u,iuatiou oi candidates tor Pn''Ti
,,lf,rr by electors, political partlc' ana
a,u,2atinus ii electors, without co"
,,n,i,u,. at elections to be known ana
I,..ivuatcd a~ primary clccu"hS,. uc
,.ru,i,iuu the tests and cohdlliO"9
u,nt ,yLich electors, p"litltal pa''''s
nd ,roauizatiOus Ol electors may
,,art;r,,,tr III amy such PRIMARY '''N
Cnu and establishing the rate 81
,,tnnru,attGn iOr primary elttli"I "'
n,rr, serving 1T such primary cree
,,nu~. providing iur the "rgahi|ati"l, 81
r,L;tirI uartir- and the pronuledH,''
81 thrir platforms, and proNdlns We
,nethnds whereby the electors "l p''l'
,;ral uartics may express their t"H''I
at such primary elections lor '"',tI
State senator, tu provide 10, wy
q, pi-tratiuu ui voters lOi 9di' P'
nary elections and the compensa'io,l
IL Rrgl-lrS Npth'9' 'i'.' W.
i.,naltes ior violating the pro''s'o''
uI this act. iI.
.;eninp Az ground, rr the relrci dc
,,andcd. constitutional detects ~ III,
law IT, the complaint, setting i"tt,
,l, unconstitutional ground, aIlcStu
demurrer wa, intcrpoSed by re
",ondent. regularly presented t" all'
.rstaincd by the Lower Court a,''
,,dg,ucut rendered III favor ol the uc
ndant, Respondent herein; IRON
,his Judgment plaintiff appeals aIn l,,.l', a.,
,.ts ,"t, the thr law in question as nncon
.titutional upon the i"iioN'''
grounds. which We VIII c"''N'o'' II
ILr order presented: =.
''Thr law j. unconNtiiniiohal II
that il destroys political parties ai,' w.
ia so doing dcprives voters oil 'h
right to form and govern poii'iI,a
plrtie,, which right inheres III IN
nature oi our Government and
Guaranteed by the Constitution oi III
%tate oi Nevada. =.
(O The law denies electors tn
,,qht To determine the political priii
riples their candidates must espouse
aud thus denies electors the right u