South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-12-23
REPUBLICANS HOPE
TO WIPE OUT LAW
Acts Show That They Are Dis
posed to Rid State OF
Primaries.

INDIANAPOLIS, Dec. %. - The
republican organization Of Indiana
has come from under its cover of
false pretense and in the state SD
preme court is conteEding for the
wiping out entirely Of the statewide
primary law.
This same state republican organ
izatiOn has made much public noise,
trying 10 make the people imagine
they wish 20 uphold the primary
election law. 1t has been their IA
vorite outdoor sport. For some
years prior 20 January, 1915, the re-
publican organization and their CHIEF
newspaper argued continuously and
viciously against the direct primary.
declaring it a most obnoxious thing
because it took an power 10 rule
away from the people and multi
Piled the power Of the bosses and
the organization" The arguments
advanced against all sorts OF primary
leg station in any form were most
voluminious and bitter They were
proven" by such experiences in
other states as they cared 10 quote.
Advocated Primary Law
Then when the legislature met
with the democratic majority, these
same republican workers. and their
chief newspaper advocates. set TO
work publicly 10 advocate the pri-
mary law and TO tell what a sinful
thing it would be for the democrats
not TO pass such an act. Privately
the same influences were striving 10
prevent the passage of any bill on
the subject of primaries, hoping
afterwards to he able to charge the
democrats with failure to establish
direct primaries.
The democrats passed the bill and
Immediately the republicans began
10 complain Of the provisions be-
cause it was made impossible for
republicans TO invade. and override
the progressive primaries. destroy
ing the new party by forcing bad
candidates on the tickets. But the
public proclamation was made and
repeated daily that the republicans
were for the primary law.
When attacks were made on va
rious parts of the law the governor
ct all the legal machinery of the
state 10 work 10 defend Finally
comes the attorneys for the repub-
lican state organization and file their
brief in the supreme court, volumin-
ously assailing section ten and con-
Guiding with the argument that in
case section ten is not valid. then
the whole act must fall. Here is
part of the argument
what Will Follow.
Now, lastly, it is only left TO in
Quire what the necessary effect will
be upon holding that section ten
provides an illegal and uncOnstitu-
tional regulation. One Of two things
must follow: Either the whole law
must fall or the remainder of the
law will stand. The remainder can
not well stand because there is no
other provision in the act touching
who may vote at the primary, eX-
cept in this section; and. as already
shown, a primary which permits
every man to vote at will for any
party or candidates of any party he
may desire is self-destructive of its
very purpose. The inquiry then is
AtuuNtu 10 the remaining question:
What effect upon the whole law
follows a decision that section ten
is void?
That is answered 10y the applica-
ton Of the general rule that if the
remainder of the act is not work.
able and will not accomplish the
main purpose had in view at the
time of its enactment, that the whole
goes down"
Citing decisions TO sustain this
contention the brief concludes:
1T is self-evident the legislature
would not have passed this act un-
less they had thought that the pro-
vision limiting and qualifying the
elective franchise TO those only who
had heretofore voted the same
party ticket that they desired TO vote
at the primary. was valid"
EINTI Z HInAaAM nNIMN