The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1914-07-20
SPECIAL TO THE JOURNAL.

SPECIAL TO THE JOURNAL.
TaLahasse. jury 1s.-Attorney-Gen-
1sad ThoG y. West expresses the opin-
ucn that th'uge nominated in the pri-
nnsry election oe June need feel no
SArm over the attempt Of the Bull
09oo0e Party TO invalidate the pri-
mary election law Of Florida.
Tho action o< the bull Moose" peo-
pie comes In the form OF a bill of
complaint fled against Secretary OF
state II. Clay Crawford by Herbert L.
Anderson OF Jacksonville and direct
ed to Judge ]. w. Malone Of the cir
cult court in and for Leon county. In
this bill the plaintiff asks for an in
junction restraining the secretary of
state from certifying to various boards
or county commissioners the nomina-
ucnS made In the primary Of June
on the ground that the primary cleo
ton law Is unconstitutional and that
unoer Its provisions the members of
the Bull Moose" party will not be per-
mitted to have the names of their party
candidates appear on the general cleo
ton ballot this year.
ATTORNEY GENERALS oFiNIoN.
Attorney General Thos. F. West,
who, will represent the secretary of
state In the litigation, has issued the
following statement:
In my opinion there is no reason
for alarm on the part of those nomi-
mated In the primary election held in
June last.
Statutes regulating the conduct of
primary elections have been sustained
As valid by the courts OF this state
as proper exercise of the legislative
power, and the courts of a number Of
other states have upheld provisions
similar to those of the primary cleo
-~tion law of this state which is attacked
in this litigation
The litigation is really an attack
upon the primary election plan Of
nominating officers. but that plan has
been upheld in every state where the
law has been tested and the following
opinion by the supreme court of North
Dakota on a similar law furnishes a
case in point
NORTH DAKOTA DECISION.
State of North Dakota ex rel Andrew
Miller, Attorney General, ct al. VS..
T. F. Flaherty, Auditor of Burleigh
County. IN. d. -, 1876 N. w.
76.) Al L. r. A. On. s. 1872. +
The primary election statutes have
as a principal purpose the regulation
Of the franchise of electors within
party limits. The elections so pro-
vided concern primarily the rights of
parties. and only incidentally those of
the individual elector. The primary
is not held to AFFORD an elector as such
merely a chance to exercise his right
of suffrage, but instead an opportunity
to participate In the proceedings and
acts Of political party This he does
by exercising his right to vote, but
within that party. Legislative discre-
tion has recognized the party right
as to method of nominating officers
as well as promulgating it's political
doctrines and the application of them,
as a governmental force. The legis-
lative purpose is that the rights Of
the party are paramount to the in
dividual party member, as to nomi-
nations made and other party matters
transacted by means of the primary.
If the party primary, therefore, is an
election within the term ANY election"
it Is one within the power of the leg
islature to authorize and confine with
in party limits, but it's purpose must
be considered as sanctioned by, and
within the provisions Of article of
the Constitution. To hold the contrary
Is to invahdate every primary election
statute in toto. Deny constitutional
recognition of purpose Of the election,
and apply the constitutional definition
Of eiector, and hold that by virtue of
being an elector he shall be deemed
a. qualified elector at such election"
and our whole primary election sys-
tenn must fall. because the right to
participate depends not on the cleo
tors constitutional rights as defined
alone, but on added qualifications Of
partisanship. We believe the purpose
of such an election should determine