The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1913-06-11
Test Case Against County
Clerk Is Decided.
IT WILL KNOCK OUT FUSION
If Upheld By the Court Of
Appeals, Where II Goes
Immediately.
OF INTEREST TO ALL VOTERS

The validity of the act of the
Legislature of 1912 in providing
for Statewide primary election for
the nomination of candidates by po-
litical parties was upheld Friday
in an opinion handed down by the
four Common Pleas Judges of the
Jefferson Circuit Court in the cases
of three candidates seeking to man
damus County Clerk P. S. Ray to
have their names printed on. ballots
to be voted for in the August pri-
mary election. The demurrers to
the petitions were sustained and
the motion for a writ of mandamus
overruled.
The opinion was written by
Judge William Field and filed in
the Charles T. Gardner case and
was signed by Judge Thomas R.
Gordon. Judge Walter Lincoln and
Judge William Smith, as well as by
Judge Field.
In addition to denying the writ
of mandamus the opinion states
that signers of the petitions of
Gardner and George r. Ewald, a
candidate, have no capacity to
maintain actions, and that under
the law only candidates may insti-
tute proceedings under Section %
of the primary act. The opinion
holds that as a condition precedent
to the right to seek nomination by
any party required to nominate by
primary, one must have the follow
ing personal qualifications:
''First-He must. at the time he
files his petition to become can
didate, be a qualified elector.
"Second-He must, at the time
he files his petition. be a member of
a political party.
"Third-He must have, hereto
fore, affiliated with that party of
which he is a member at the time of
filing his petition,
Fourth-He must have supported
the nominees of that party at the
last regular election"
1t is held in the opinion that no
privileges are denied voters in the
primary election, and there is no
interference with an elective fran
chise. as the primary provided for
is not an election within the mean
ing of the Constitution.
In the course of the opinion the
following language is found:
THE effect of the act of 1912 is
to prohibit the nomination of any
candidate by more than one of the
parties subject to it's provisions. 1t
is not thought that this is contrary
to any constitutional principle. The
Constitution embodies limitations
upon the power of the Legislature.
That instrument in no way curtails
the right of the Legislature rela-
tive to the manner or methods of
nominating candidates for Office. In
the absence of constitutional limi-
tation. II seems that the Legisla-
ture has the inherent authority to
legislate on the subject free from
judicial obstruction. Ii is no less
within the province of the Legisla-
ture to enact, without judicial in
reference, laws tending to preserve
the integrity of political parties.
1T is not necessary to attempt
to say what is meant by the consti-
tutional requirement of secret
ballot; but it is apparent that its
spirit does not extend to the point
of preventing the Legislature re-
curing that a candidate for a par
ty nomination shall establish his
in that party by stat
ing that he voted for its nominees
at the last election. This has no
with the election and is
not related to the purpose which
evolved the secret ballot nor OF the
evil II was designed to remedy"
The cases win be appealed to the
Court of Appeals at once. r.t