The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1913-06-25
PRIMARY AND
PENSION LAWS
Are Upheld BY Kentucky
Court OF Appeals.
DECISIONS ON BIG QUESTIONS
Rendered On the Final Day OF
Spring ,Term-Matter
Plainly Stated.
WOMEN VOTING Is UNDECIDED

Frankfort, Ky, June 20.-The
Appellate Court this morning up
held the Eaton-Thompson State Pri-
mary law and the Confederate Pen
sion law.
In UNFOLDING the primary law the
court. in an opinion by Judge Set
tie, dismissed the appeals of Charles
1. Gardner, and George Ewald
against County Clerk Ray, of Jeffer-
Nson county, and affirmed the decis-
ION of the lower court in the case
Of w. S. Tyler and Carl ]. Johnson
against Ray. .-....
The Court bases its action in dis
missing the Gardner and Ewald APP
peal on the action in the Robinson
Circuit Court, in which the lower
court sustains the clerk in his re-
fusal to place the names of the can
didates on the ballot, because their
petitions omitted to state that they
affiliated With the Republican par
ty and supported it's nominees at
the last regular election"
Gardner and Ewald both regis
tered as Democrats, claiming they
had supported the Progressive tick
ct, and sought to have their names
placed on the ballots.
The Conclusion.
The opinion in conclusion says:
sit is to be remarked that the
object of the present primary cleo
ton law is to purify the politics of
the State by preventing frauds and
wrongdoing in making nominations,
and it will be to the interest of pO-
litical parties and the welfare OF
the citizens of the State to effectu-
ate the salutary purposes designed
by it's enactment.
''The integrity of all party NOM
nations should be so manifest as
to put them above being called into
question.
THAT the act is in some respects
in need of amendment cursory
reading of 1t will demonstrate, but
ii cannot fairly be said of any of
its provisions with respect to the
qualifications il requires of those |
who would participate in or be
nominated at the elections held !
hereunder. that they are unreason-
able or obnoxious to the provisions !
of the States Constitution.
''The Court holds that the clerk |
properly rejected the petition be-
cause of it's insufficiency in that
the applicant failed to state that he
had affiliated with the party from
which he sought nomination at the
last regular election" |
Johnson and Tyler. with Charles /
4 Groves. Theodore H. Diehl, w. 1.
Taylor, A. r. Bierbaum and Jacob .
Emmetsberger. Jr.. who signed the
petition of Ewald and Gardner, FL
ed suit against Clerk Ray to COM
pei him to place the names of
Ewald and Gardner, on the ballots
and in each case the defendant de-
INJURED.
The Court holds that the latter
suits involve the same question as
those of Ewald and Gardner and
sustains the clerk in his refusal to
accept the petitions. (
The decision sustaining the Con-
feSepate pension act was handed
down by Chief Justice Hobson, who
affirmed the decision of the Frank
lin Circuit Court in the case of Hen
ry M. Bosworth. Auditor. against
James NJ. Harp. Judge Lassing dis
scented.
Harp. under the provision OF the
statute. presented his voucher,
properly executed. but the Auditor
refused 10 issue warrant for II.
and suit for a mandamus was filed.
The Court holds that Confederate
soldiers rendered a public service
tSthe State Of Kentucky. and that
the sole contention in this case is
whether they did render such pub
lie service. The contention of the
Auditor was that 1t was unconstitu-
tional in that the act grants to In
digent Confederate soldiers exclu-
sive separate privileges not granted
TO Jther indigeut persons"
The Court holds that when the
pe&sons shall. by heroic deeds, in.
ye1tiye genius, or, great mental en-