Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-02-24

In the petition presented in the
District Court yesterday asking that
w. G.. Douglass. Secretary of State,
be perpetually and forever enjoined
from carrying out the Direct Pri-
mary Law as passed by the last Leg
islature many claims are made as to
It's constitutionality. The matter is
gone into In most thorough manner
and sets forth 10 reasons why the
law Is null and void. The action,
which Is brought by Henry Ritter OF
Reno, through ais attorneys Boyd 4
Gibbons, alleges that II the law is
carried into effect as provided for by
the Legislature an additional expense
of $1,000 Wa be incurred, causing
an incrase In the assessment rates OF
the various counties and thereby III
rectly affecting the people OF this
state finanially. Ritter, as taxpayer,
protests against this increase in tax
alton, which. he alleges, will result
from the carrying out OF the law. In
this manner the case comes into tae
courts and will eventually find its
way to the Supreme court of the
state for final decision Us to wheth'
or IL will stand the test and is u good
Jaw.
In the petition that was presented
Yesterday the law Is claimed to be
unconstitutional, null and void, and
the following reasons are set forth
I'm support of the claim. which are In
part as follows:
WHY UNCONSTITUTIONAL:
prohibits political parties from
holding conventions or party prima-
ries In accordance with the rules
laid down by the various politlcai
parties of the state; prohibits par
ties from formulating or establishing
u platform of party principles. and to
whc said party candidates are to be
pledged. which is contrary to the
Constitution of the State OF Nevada
ana of the United States. Destroys
rights of electors to associate them
selves together In political parties.
II-Violates the 10th amendment,
which provides that "tae powers not
delegated to the United States by
the Constitution. no prohibited to II
by the State, are reserved to states
respectively, or to the people,
nl.-All political powers are in.
herent In tae people. Section 10, Ar
ticle | OF the Constitution of Nevada
provd des The people shall have
the right freely to assemble to-
gether to consult for tae common
good; to instruct their representa-
tives, and to petition the Legislature
for redress of grievances
Iv-violates Section 10, Article l,
by preventing qualified electors from
freely assembling to instruct their
representatives.
V.-Deprives electors holding po-
litical principles In common the right
to freely assemble and to organize
themselves into political parties for
tae purpose of carrying their princi-
pies OF government into active oper.
alton.
VI-Denes rights reserved by, and
~ contrary to Section 20. Article | OF
the Constitution Of Nevada: This
enumeration of rights shall not be
construed to impair or deny others
retained by the people,
vH.--Provides that nomination pa
pers Shall be signed by per cent.
OF the voters OF the party represent
ed by the candidate, this per centum
to be figured from the party vote al
the last presidential election. In this
manner, II Is claimed. that political
parties not active ut the last presi
dental election held. are denied the
right to nominate candidates and te
participate In the election.
vIII.-vioiates, Section ~. Article
w of the Constitution of Nevada
which provides In part: ." and
In all other cases Where q general
law can be made applicable, all laws
shall be general, and by uniform op
Grafton throughout the State
IX.-,Electors, when challenged