South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-10-28
COURT WILL PASS ON
STATE PRIMARY LAW
Republicans Making a Strong
Effort to Have 1t Stricken
Off Statute Books.

INDIANAPOLIS. oct. 2S.-The con-
stitutionality of the statewide primary
law, enacted by the democratic legis-
lature of 1915. is being tested in a
suit pending in the Floyd circuit
court at New Albany. The case has
been submitted to the court, and spec
ial finding of facts agreed upon by the
parties. The real contest in the case
is upon the question OF the conclusions
OF law applicable TO the facts. The
court has heard the oral argument
and has taken the case under advise
ment
The democratic party is solidly in
favor of the law and is determined TO
sustain it to the court of last resort,
if necessary. AT the instance of Gov.
Ralston, States Atty. Gen. Milburn
is appearing in behalf of the law and
is assisted by Attys. Abe Simons and
Evan b. Stotsenberg, two Of the
strongest primary advocates in the
state.
The republican state central com
mittee has been doing its utmost to
have the law declared unconstitu-
tional. 1t was represented at the
hearing at New Albany by its attor-
ney, who takes the position that the
whole law is unconstitutional The
republican organization; through its
attorney, attacks section 10 of the law
and insists that section 10 places bur
dens upon the voter and candidates
for office contrary to the constitution.
Section 10 of the act allows any
qualified legal voter to challenge any
voter or person who shall offer to vote
at an election, and when so challenged
such person shall not be entitled to
vote, unless he shall make an affidavit
that he is a qualified legal voter in
the precinct; that at the last proceed
Ing general election ne affiliated with
the party for whose candidate he pro
posed to vote at such primary; that
he voted for a majority of the regular
nominees of such party, and that he
intends TO support and vote for the
regular nominees of such party at the
coming election.
The republican organization,
through it's attorney. insists that the
provisions of section 10, inYades the
secrecy of the ballot and places upon
the voter requirements contrary 10
the constitution. and for that reason
the whole act is unconstitutional.
The republican legislature of 1907
enacted a primary law. which is
known as chapter 2S2 and will be
found I'm the printed acts of 1907 at
page 627. The primary law of 1907
has been on the statute books for the
last eight years, and is upon the
statute books and is in force and eff
feet at this time, unless repealed by
the statewide primary law enacted in
1915.
Section 25 of the act of 1907 con-
tains the same provisions as section
10 of the act of 1915. No one has
ever heard the republican party in
sist that the primary law passed by
it's own legislature in 1907 is uncon-
stitutiOnal, and yet as before stated, it
contains the same identical provisions
to make IL unconstitutional as does
the act Of 1915. 1t seems somewhat
strange that the act of 1915 passed
by the democratic legislature should
be so oppressive TO the voter and the
candidate, and for that reason be un-
constitutional, because it contains a
section identical with the act OF 1907
passed by a republican Legislature, and
the act of 1907 be constitutional and
valid.