The Madisonian. (Richmond, Ky.) 1913-1914, 1913-07-01

AOS5OACASS SARRSSAAo ~
tional and void. 1t follows that
the court of appeals had jurisdic-
ton of the cases and should have
heard and determined the law OF
the same. 1t is a law affecting
the entire state and the refusal of
The court to act on the cases and
to hear them on their merits, was
a criminal refusal to perform its
manifest duty. This court has
had like questions before it prior
to this and it took jurisdiction of
the cases.
In the case of Jernigan VS.. The
City of Madisonville 102 KY, 3l3
which case involved the construc-
ton of sections 1851 1862 of the.
statutes, which statutes provided
that there should not be an APP
peal taken from the judgment of
the lower court, this court did
hear an appeal and decided the
case on constitutional question
and reversed it. 1t did the same
thing in the case of Gilbert VS..
The City of Paducah lis, KY, III.
The statute in the last named
case said "And no appeal shall lie
from the judgment"
There is a provision of this
primary law that violates the con-
stitution both State and Federal.
The state constitution guarantees
that all elections shall be free and
equal and by secret ballot. The
Federal constitution guarantees
each state a republican form of
government. That provision of
the primary law which requires
that a candidate state that he
supported the nominees of the
party for which he is a candidate
at the last preceding election,
violates both State and Federal
constitution. 1t violates the state
constitution in this: 1t requires
a candidate to publicly state how
he voted at an election, thereby
destroying the provisions for a
secret ballot. 1t violates the con-
stitution also in this particular: it
adds a qualification to his right to
hold office not named in the
constitution. The constitution
names the requirements which a
person must have in order to hold
an office. This act adds to this
another qualification. This last
qualification is purely political
and gains nothing to the state.
The act violates the Federal
constitution in this: it destroys a
republican form of government
and substitutes therefor a politi-
Cal government pure and simple,
for if the legislature can add one
political requirement as qualifl-
cation to holding office in Ken
lucky, it can go much further and
make only a handful of politicians
eligible to hold office. 1t is a
well known rule of construction
that when the constitution speaks,
the statute law can not be heard.
The primary law attempts to
add this qualification to holding
office in Kentucky, to-wit: that
the candidate voted at the last
election for the nominees of the
party of which he is a candidate.
There may be a thousand reasons
why he did not do so and yet he
may be just as good party man as
any other of the party. He may
have been sick, he may not have
been old enough to vote, he may
have voted for his near relative
for some office, either minor OF
important, for the primary Law
makes no exceptions.
Lastly the requirement that he
vote for all the nominees is not
in the body of the act but is ir
a mere form and this form which
may be in followed in substance
only, should not be allowed tt
destroy the act in its substance
and spirit. But this is exactl.
what the court of appeals ha