The copper era and Morenci leader., 1914-10-09
PRIMARY LAW POWERLESS ID STOP WILD
 CAT" VOTING
Judge Lockwood Renders Decision That A Voter Who Casts Ballot Con- trary to His Political Affiliations is Within Right.


 DOUGLAS, Oct 3-Judge A. c. Lockwood, of the superior court of this county, has been called upon to make a decision of great importance to the political welfare of the state of Arizona. He returned yesterday from Yuma, where he was called by the governor to decide an election contest acst in which appeared the question of whether or not a member of one political party has the right to vote the ticket of another party at primary election. Judge Lockwood decided that such voting could not be prevented under the present primary law.
 In Yuma county the primary cleo tion nomination for superior judge was contested. Fred l.. Ingraham contested the nomination of Judge Frank Baxter, the present incumbent who won out in the original count of the ballots of the democratic party by six votes. Ingraham alleged that illegal voting had taken place and that republicans voted in the demo- cratic primary.
 wood to go to Yuma and hear the contest case and the judge left Doug las for Yuma Tuesday. Immediately upon his arrival the judge ordered a recount of the ballots cast in all the precincts at the democratic pri- mary in the county.
 Several votes were found to have been cast by voters who were not entitled to vote, but these votes were about equally divided between the two contestants In one case a man who could not read had voted and in another case a man convicted of felony had voted contrary to law. The principal contention between the contestants was that many re- publicans in Yuma county went to the democratic primary and voted the democratic ticket. It was stated | by the contestants that his was not lawful and that the primary was therefore not binding and that had these republican voters been barred from voting, the result would have been different.
 On this point Judge Lockwood rem dered a decision, the first on this question since the enactment of the law, which is of great importance.
 Judge Lockwood's decision is:
 "The statute says any person who votes illegally is guilty of a felony. E The primary law nowhere specifies that voter must belong to any par ltfcular party in order to vote at such OuL AACIOly IhcI AC must be a qualified elector and shall lask for a ticket of the party at whose primary he desires to vote. Such be- ing the case, if republican, who is la qualified elector, and who asks for Ia democratic ballot and votes the same. he could not be arrested and punished for voting illegally, because he happened to be republican. The legislature probably meant to limit a partisan primary to the voters of such party, but neglected to say so, and the courts will not declare any act a crime unless it is directly and specifically made ne by legislative power"
 Judge Lockwood's decision is to the effect that while the legislature in tended to make the law such, that only the members of one party could vote in the primary of that party. it fails to accomplish it's purpose and that candidates have no contest be- cause republicans voted in the demo- cratic primary or democrats voted in the republican primary.
 In the case just contested in Yuma county Judge Baxter was declared the nominee by five votes, the recount only lowering his original majority by one vote.