The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1912-07-30

DECISION
RENDERED
Ali Judges Of High State
Court Concur in the
Opinion

s---m~-at
Oklahoma City, July sO.--Indiscrim.
mate voting regardless Of party attn.
iationa in primary elections is not the
law and the opinion sent out from
the office Of Attorney General West
to the effect that voters are free to
call for the ballot Of any party III tho
primary regardless Of party affiiia-
tions, Is not id conformity with the
provisions Of the constitution IL the
holding Of the court of criminal ap-
peals in an opinion handed down Mon.
day by Judge Doyle Concurrlng opin-
ions were also handed down by Rresid-
ing Judge Furman and Judge Arm
strong.
Judge Doyles opinion is based upon
the constitutional and statutory pro-
visions for a mandatory primary. The
constitutional provision contemplates
that only electors who are members
Of political parties shall participate in
the primary election for the selection
Of candidates for the respective par,
ties, and shall then vote only the bal
10. of the party OF which they are
members. and that those electors who
are non-partisan, having no party af.
filiation are reiegated to their right
to participate in the nomination Of
candidates for elective offices BY petE
ton in the manner provided for in the
primary election law.
Judge Doyle, after quoting from the
mandatory primary provision OF the
statute, says political parties are vol.
untary associations for political pur-
poses, having distinctive aims and
opinions on some or all Of the lead
ing political questions Of controversy
in the state ia which they are formed.
They are governed by their own Aaag-
es and establish their own rules. The
constitutional provision and the pri-
mary law enacted in pursuance saere.
OF was intended for the protection OF
the party and OF the citizen in his
rights as a member Of q political party
and guarantees to MIN the right to
A express, through his ballot at prl-
mary election, his wish as to the con.
duet Of affairs within his own party.
II this were not so an elector partlcl-
pating in a primary election would be
poweress and without any method or
means of protecting the right conferr.
ed npon him by the constitution and
the law
IN regard to the right Of the inde.
pendent voter in primary elections.
Judge Doyle says, "Ii the lndepend.
ent voter, or the voter affillating with
an opposition party, can vote at the
primary election Of the party with
which he has no political affiliation
and thereby control the nomination of
a party to which he is opposed the
!, constitutional guaranty that the elec.
ton shall be free and equal would ba
destroyed
Further Interpreting the statute.
Judge Doyle further holds that tha
right to challenge intervenes when
there is a question Of party regularity
: in the voters method Of casting his
ballot "The mere faet that an eleetor
has registered and at that time stated
his political party afflllation does not
preclude the right to nterpose a chat
lenge on the ground chat he is not a
! member Of the party named Ia his
& registration certificate and whose bal
: lot he requests to yote'
= Presiding Judge Furman IN his opin
8 ion on this same proposition says. TT
allow persons who are not members o
, q political party and who do not be
:, lleve IN its principles, but who are an
tagonistic to them to participate i
the primary election Of the party fo
the purpose Of nominating It's Candi
dates would be TO inflict a greater q
: iary upon political parties than weal
; be possible under the old conventions
: system, for under the old system. viii
: the will Of the majority Of the men
. beFs Of the party might be defeated
= yet those who made tie selection Waf