New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1914-03-25
Non Partisan
Primary Upheld
Supreme Court of State De-
cides Primary Law is
Constitutional.
Socialists of County May De-
eide Not to Put Tick
ct In Field.

By the action of the State Su-
preme Court in upholding the con-
stitutionality of the nonpartisan pri-
mary law in decision handed down
last Friday, Minnesota will be given
4 place unique among the states by
having nonpartisan legislature.
The primary law was attacked by
Frederick Olson of Minneapolis, who
made a demand upon County Auditor
Erickson that he be permitted to file
for the Democratic nomination for a
legislative office. The county auditor
refused to do this and mandamus
proceedings were started at once
Judge Jelley upheld the law, but ex-
pressed doubts as to it's constitutions
atty.
The decision Friday means that
the state primaries will be held on
June 16, instead of September Is,
as under the old law, and that can
didates for county and legislative
officers will be on the nonpartisan
ticket. The only partisan ticket in
the state hereafter will be that for
the state officers It also means that
the "Bull Moose" party is legalized
and can nominate candidates in the
primary election and that nomination
by petition after the primaries is
prohibited. When no more than two
candidates file for the same office,
there will be no contest for that of
fee at the primary election and the
name or names will 90 on the ballot
Fnr. h0 foil o1ao+i1,, ,c4 4no
The constitutionality of the law
grounds:
That the title of the act en-
braces more than one subject.
That the subject Of the act is
not expressed in it's title.
That the provisions Of the act
are not germane to the subject
matter of the statutes which it
amends.
That the act is special and
class Legislation.
The court holds against the ap-
pellant on all these points, and sus-
tains the attorney general.
"There are two definite purposes"
said Commissioner Dibbel, "of the
constitutional provision hereinbefore
4uoCeu. oHe 10 W prevent 1Iduu up
on the public and the legislature by
nature Of which their titles do not
Z disclose Another is to prevent the
passage of unrelated measures by a
combination of interests, each particu-
1arly concerned with one or more and
regardless Of the others. The weight
Of authority undoubtedly is that an
amendatory act such as this is not
unconstitutional because of failure
to state the subject in the title more
precisely than by reference to the
statutes and laws amended. We
adopt such view"
In reference to the second objec-
ton the court said that it matters
not if an act embrace, technically,
more than one subject one of which
only is expressed in the title, so that
they are not foreign and extraneous.
It is determined that the whole act
relates to primary elections.
May will be the last day on which
candidates for legislature, congress,
supreme or district court judgeships
and state offices can file, under the
1913 primary law. Candidates for
county offices may file any time be-
lore way ~.
The new law makes the third Tues
day in June the primary date, which
this year will be June 16. Under a
q ruling of Attorney General Lyndon
"A. Smith, June 2 and 9 will be reg
istration days for the state primary.
The election judges must be chosen
at least twenty-five days before the
primary.
What effect this decision will have
on the number of candidates who will
file for the various Offices is profile
NAUTICAL. Some who claim to know
are Of the opinion that it will have
tendency to stimulate activities
along these lines.
At recent meeting of the Social
lists of the County a tentative ticket
was decided upon, pending the result
Of the decision of the Supreme Court
on the nonpartisan primary law. If
the law had been declared unconsti-
tutional, it would have been a fore
: gone conclusion that all of the can
didates mentioned for the various Of
fees would have filed. Now there
seems some doubt about it and moth
ing definite will be known until an
other convention has been held and
this matter thoroughly discussed.