The citizen. (Honesdale, Pa.) 1908-1914, 1913-08-29
NON-PARTISAN ACT
IS CONSTITUTIONAL
JUDGE STRAUS DECLARES RE-
GENTLY ENACTED LAW WILL
STAND.

luutDtuOCllCC VI tllC OiiINAS 1y
Giving Motive for Allegiance to
Parties That Outweigh Allegiance
to Cities Welfare.
In a preliminary opinion and or
der handed down by Judge S. j.
Straus, of Luzerne county, last Tues
day, he declared the law providing
for the non-partisan election of COM
missioners in third class cities to be
constitutional and he denied the pc
titon for a mandamus filed by Will
liam H. Kessler against the county
commissioners to compel them to
accept nomination papers as a candi-
date for councilman on the Demo-
cratic ticket. The decision affects all
councilmatic candidates in Wilkes
Barre, Pittston and Hazleton and
permits them to file papers as candi-
dates only on the non-partisan ticket.
The opinion of Judge Straus is in
direct conflict with that rendered re-
Gently by Judge Swearingen, Of Fa-
yette county, who held the law pro-
vding for non-partisan election of
councilmen in third class cities to
be unconstitutional. In his prelim-
mary opinion Judge Straus says in
part:
Because of the Importance of an
immediate decision we have handed
down an order over-ruling the de-
murrer and dismissing the petition
for a mandamus for the following
reasons:
"A-The act of June 27, 1913, is
constitutional and does not violate
article 8, section Z, of the constitu-
ton, which forbids local legislation
| relating to cities and elections.
"1-Partisanship in the election of
municipal offices diverts the atten-
| ton of the electorate from munich
pal problems to national problems
and tends to destroy the independ-
ence of officers elected by giving to
them motives for allegiance to par
ties that may outweigh their allegi-
ance to the city's welfare. This is an
evil against which the legislature
may make provision in legislating for
third-class cities even though the
| legislature is of the opinion that no
such legislation is required in first
or second class cities; or that if re-
quired it should be provided for by
separate status.
2-The legislature having exercis-
| GU IllC pONCl Wy IllC uSG VI LOOo "
provide for partisan election, may
also provide for non-partisan cleo
ton. Partisan election may be de-
sirable for the choosing of certain
officials; non-partisan elections may
be desirable for the efficiency of gov
ernment in special departments OF
through special offices. The legisla-
ture has the right to select the de.
partment and the offices so long as il
applies the law uniformly to all the
officials holding the same class oi
offices, or to all the municipalities in
the same class.
3-The act does not violate Arti'
Gle s, Section of the constitution
requiring laws for holding elections
uniform throughout the state, be-
cause the statute under considera
ton, having selected the office!
which shall be subject to non-parti
san elections, provides for the print
ing of the ballot uniformly through
out the state, for the receiving of the
ballot at the election and the count
ing of the vote uniformly Throughout
the state.
We are preparing an opinion set
ting out at length our reasons fol
these conclusions and shall file the
same at the earliest possible moment