The Record-courier. [volume] (Gardnerville, Nev.) 1904-current, 1916-07-28
PRIMARY LAW
IS UPHELD


Holding that the Progressive party
| is not denied the right Of holding .
convention or Of nominating candi-
dates for Office and that the title Of
L the act is sufficiently broad to cover
all substance OF It the supreme court
In a unanimous decision flled ct Car
son at 6:15 O'Clock Monday evening.
sustaine dthe constitutionality OF the
Iney primary law.
In deciding the question the supreme
court also reversed ruling by Attor-
ney- General Thatcher relative to reg
istration for the primary election. The
court holds that all persos who voted
at the last general election and whose
policies appears on the registration
books for that election are entitled to
vote at the primary election to be held
on August 8. The decision holds that
registry agents must copy the regis
tration lists used at the last general
election and certify to the copies. In
addition a supplemental list, in SO
far as they entitle electors to vote ct
the primary election, will close ON
July 20.
The attorney-general has given an
opinion on the new registration law
nterpreting 1t to mean that resistra-
tions Of any date prior to January l,
1916, would not entitle electors to
vote at the primary election.
In denying the petition for writ of
prohibition restraining county clerks
from proceeding under the new pri-
mary law, the court first took up the
question raised as to the unconstitu-
tionality of the act because of the alle-
cation that the title contained more
than one subject. The decision holds
that the constitutional provision limit
ing titles Of acts to one subject Is not
violated by the primary law.
In discussing the question of wheth-
er or not the Progressive party Is bar
red by the law from participating in
the primary election or from holding
a convention the decision holds that
Section Of the act gives o any party
polling 10 per cent of the total vote at
the last general election the right to
nominate candidates and to hold q
convention. The decision holds that
inasmuch as George Springmeyer, the
Progressive candidate for attorney
geeral in 1914. polled over 10 per
cent of the total vote cast, the Pro-
gressives still exist as a political
party In this state and are entitled
to hold convention and nominate
candidates.
The court holds that the provisions
OF the new act establishing the vote OF
party cast at the las general election
for representative In congress as the
basis on which the number of dele
gates to the state and county conyen-
tions is to be reckoned is only direct
ory.
The decision goes further than this
and says that, even though the act
should be held unconstitutional In this
respect, neither the petitioner, De Witt
c. Turner, nor his party, the Progress
sives, could be benefited, because it
appears that they have taken no steps
to avail themselves of any of the pro-
visions of the law, having filed no
candidates for delegates and having
designated no members of the party
to serve on election boards.
This decision is written by ASSOC
late Justice Coleman and concurred
in by Chief Justice Norcross and
Associate Justice McCarran.
The decision dissolves the tempor-
ary restraining order issued to pre-
vent county clerks from proceeding
under the act till the matter had been
finally Opposed of. Immediately after
it was filed, Hal Mighels, clerk of the
supreme court. notified all county
clerks of the result of the litigation,
and candidates for delegates to state
and county conventions again per-
mitted to file with county clerks as
provided by the law July 20 Is the
last day on which delegates may file.
DAMAGE SUIT FILED IN JUSTICE