The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1910-04-14
Racine Attorney Declares That Pri-
mary Ruling Does Not Bind Mem
bers of the Legislature and Without
This Feature it is Unconstitutional.

has handed down for long time and
that the effect Of it is to entirely
change the application Of the primary
election law as it has been applied
and understood before. Attorney r.
M. Kearney of Racine, who prepared
a brief which was presented to the
court on the hearing, made the follow
ing statement in regard to the deci-
sion this morning:
"Since the passage of the primary
election law, it's advocates have CON
tended that in its spirit the law for
bade the holding of representative po-
htical conventions, the nomination of
candidates for office and the adoption
of political platforms. Those who
urged that the law did not prevent
the holding of conventions were de-
nounced as enemies of the primary
election system. 1t has been the
opinion of many Of the attorneys of
the state that if this was the true
construction of the primary election
law, it was unconstitutional in that it
interfered with the right of free as
semblage and the right of the people
freely to speak and publish their senti-
ments on political subjects. One of
the purposes Of the case recently de-
cided by the supreme court was to Sc
cure from the highest tribunal Of the
state an authoritative construction of
the statute. On the argument, it was
urged to the court that if the law pre-
vented the holding of conventions, the
nomination of candidates to be voted
for at the primary and the adoption
of party platforms, it was manifestly
bad under the constitution.
"The court in it's decision holds
that the law does not prevent the hold
ing of party conventions, the adoption
of party platforms or the naming of
candidates to be voted for at the pri-
maries. On the contrary, the court
says that the law contemplates such ac-
ton on the part of the people of the
state. This is as it should be. The
Aon- office holding electors of the state
wish to preserve their historic rights.
They. enjoy meeting their fellow citi-
zens of the state at large in party con-
ventions, comforting with them, join
ing with them in the selection of can
didates to be voted for at the primary
and in declaring the principles which
the party shall stand for in the admin
istration of public affairs.
"Of course the formal filing of
nomination papers will be required in
order to give full effect to the nomina-
tions of the party convention This,
however, will be trivial matter, be-
cause the delegates to conventions will
see to it that nomination papers are
circulated for the candidates selected
at the convention. In this way poor
and deserving men will have a chance
to run for office and it will not be
necessary to, plaster all of the dead
walls of the city with questionable
photographs in order that a candidate
shall be introduced to the attention of
the voters of the state. With this
construction of the, law everyone will
be satisfied. No one is Directing to
the method of nomination by voting
at the primary. What the people of
the state in large numbers have OBJ
jected to is that they should be depriv-
ed of the right of assemblage, the
right in mass conventions to suggest
candidates for public place, and the
right to formulate a declaration of
party principles.
elm regard to the nomination of
United States senators, it was objected
| to the court that the federal institu-
| ton provided for the selection of
United States, senators by the legisla-
| ture and that nomination at state
election was contrary to the provisions
of the federal constitution. The SUI
preme court got around that by holding
that attempted nomination of United
States senators by vote of the PEG
/ pie does not bind anyone, and that
inasmuch as it is without binding eff
feet. it is not an unconstitutional pro.
vision. With this construction, can
didates for United senator will not in
dulge in the scandalous use of money
about which we have heard in years
gone by, in order to secure favorable
vote at the hands of the electors.
'EThe decision contains one other
very important pronouncement. The
primary election law was submitted to
a vote OF the people and its effect as
law was made to depend upon that
vote. In order to settle the question
lit was urged on the apReal that this