The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1912-07-30
OPINION BY DOYLE ANO
AFFIRMED BY WHOLE COURT
Attorney General is Reversed and
Question Of Who Is Entitled
10 Vote Selted
'pecial to the naiIy Leader

pecial to the naily Leader
oklahoma City. July 90.-lndls-
criminate voting regardless of party
affliation 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 in the primary. regardless OF
party affiliations Is not in conformity
with the provisions OF the consttu-
ton is the holding OF the court of
criminal appeals in an opinion
handed down Monday by Judge
Doyle. Concurring opinions were
also handed powm by Presiding
Judge Furman and .Judg Armstrong.
The opinion was handed down in
the matter of the application of Lee
r. Wilson. an election inspector who
was arrested Friday on charge of
having refused to deliver to w. p.
Cloonan. an elector. the ballot call
ed for in the primary election OF
1910 In his application for writ
OF habeas corpus it was set out that
there was no basis for arrest: FIRST
because there was no allegation that
Cloonan was a member of the demo-
cratic party on August ?, 1910; sec
ond. that there was no allegation
that Cloonan had. at the last gener-
al election. voted the democratic
ticket; and third because there was
no allegation that Cloonan intended
to support the nominees of the
democratic primary at the general
election for which the nominees
were then being named.
These were the propositions in
volved in the conflicting opinions
sent out to election officials by At
torney General West and Ben Riley.
secretary OF the election board, and
il was on these three that an appel
ate court opinion was sought.
Doyle Gives Opinion.
Judge Doyles opinion is based
upon the constitutional and statu
tory provisions for mandatory pri-
mary The constitutional provision
contemplates that only electors who
are members OF political parties
shall participate in the primary cleo
tion for the selection of candidates
for the respective parties, and shall
then vote only the ballot of the par
ty of which they are members, and
that those electors who are non
partisan, having no party affiIiatlon'
are relegated to their right to par
ticipate in the nomination of candi-
dates for elective offices by petition
in the manner provided for by the
primary election law.
Judge Doyle. after quoting from
the mandatory primary provisions
of the statutes, says political par
ties are voluntary associations for
political purposes. having distinct !
i've parties. and shall then vote only !
the ballot OF the part of which they |
are members, and that those cleo
tors who are nonpartisan having |
no party affiIiation, are relegated to
their right to participate in the |
nomination OF candidates for cleo
tive offices by petition in the man
ner provided for by the primary |
election law
Judge Doyle, after quoting IRON
the mandatory primary provision OF
the statutes. says political parties |
are voluntary associations for polil-
ical purposes. having distinctive |
aims and opinions on some or all OIL
the leading political questions OF i
controversy in the state in when !
their own usages and establish their |
own rules. The constitutional pro !
vision and the primary law enacted !
in pursuance thereof was intended
for the protection of the party ana
OF the citizen in his rights as
member of A political party ana !
guarantees to him the right to ex-
press, through his ballot, at a pri-
mary election his wish as to the
conduct of affairs within his own
party. II this were not so an cleo
tor participating in primary elec
zion would be powerless ana with /
ont any method or means or pro
tecting the right conferred upon hlm
by the constitution and the law.
In regard to the rights of the In
dependeT ,voter ~ primary efe- /
tionsJudge Doyle says: IF the VI
dependent voter. or the voter afil-
iating with an opposition party can
vote at the primary election OF the \
party with which he has no political I
affiliation and thereby control the
nomination of party to which he !;
is opposed the constitutional guar
anty that the election shall be free
and equal would be destroyed.
Continued on Page 81