The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1914-03-27

H g.. =,
From Saturdays Daily. 81
Without sidestepping the The Min!
Fnesota supreme court Friday held
the nonpartisan primary election
law constitutional. The opinion was
written by Commissioner Dibeil, and
upholds every point made by At
torney General Lyndon A. Smith in
his argument for the act, which was
passed by the 1913 Legislature.
The law was attacked by. N. Fred.
erick Olson of Minneapolis, who, on
January 5, rendered to Al. p. Eriek-
son, county auditor OF Hennepin
county, his affidavit OF candidacy
for the Office OF representative from
the thirty-third district ON a party
| ticket at a primary election to be
held September 10. The auditor re-
fused to file the affidavit, and an
alternative writ OF mandamus was
issued. Judge Jelley in the district
court decided In favor of the audi
tor, and Olson appealed.
% Primaries Are In June.
The decision Friday means that
the state primaries win 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 state officers.
! The constitutionality of the law
was attacked on the following
grounds:
That the title of the, act en-
braces more than one subject. oil.
That the subject OF the act is
not expressed in its title ,.
That the provisions of the act
are not gerpane to the sub
ject matter of the statutes
which IL amends. .
That the act Is special and
class Legislation. So" t...'s .
The court holds against the APP
/ pellantt on all these points, and sus-
tains the attorney general.
TWO Purposes In Provision.
There are two definite pur-
poses" said Commissioner Dibel. "of
the constitutional provision herein.
before quoted. One is to prevent
fraud upon tile public and the legis.
lature by permitting the passage OF
acts the nature CT which their titles
/, do not disclose. Another is 10 pre-
vent the pas sage OF unrelated meas.
! ures by combination OF interests,
| each particularly concerned with one
or more and carless. or the others.
THE weight OF authority undoubtedly
is that an amendatory act such as
this is not unconstitutional because
tof failure to state the subject
/, in the title mere precisely than by
reference to the statutes and laws
amended. We, adopt such view
In reference to the second objec-
tion the court said that 1t matters
!. not II 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.
II is determined that the whole act
relates to primary elections.
| June IS will 30 Primary Day. (
May z viii 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. Candi-
dates for county offices may file any
time before May 81.
The new law makes the third
Tuesday in June the primary date,
which this year viii be June is.
Under ruling OF Attorney General
Lyndon A.. Smith. June 2 and 9 will
be registration days for the state
primary.
! The election judges must be
chosen at least twenty-five days be-
fore the primary, which means. that
the old council will select the Judges
for, the state election. to serve at
the June primary. the November
ELECTION and ther three registration
days.