The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1916-07-29
Primary Election Law
Declared Constitutional

The Supreme court yesterday
evening rendered it's decision in the
suit to test the constitutionality OF
the presen. primary law. The suit
was instituted last Wednesday anc
ON Saturday arguments were heard
4Ad the case submitted. The court
acted quickly on the matter and the
decision rendered last evening which
was written by Judge Coleman and
concurred in by Chief Justice Nor
cross and Justice McCarran, was re
ceived with approval by nearly all
those interested in the outcome. The
decision is more or less popular, es-
pecially in that portion where the
court says that in its opinion courts
should interpret the laws AMI not on
mere technicalities declare uncon-
stitutional laws passed by the legis-
lature, says the Carson Appeal.
The court also went outside OF
the complaint and filed and rendered
a decision on the section OF the law
which applies to the registration OF
voters. deciding in effect that voters
who registered for the election in
1914 will not be required to regis
ter again for the primary election,
and that the registry agents shall
transcribe those names to the regis
try for the primary election as pro-
vided for in section IL, page 81, OF
the primary election law. Attorney
General Thatcher had already rem
dered an opinion contrary to this
and mailed the same to all officers
having charge of elections in the
state This was matter that had
caused a great deal of doubt in the
minds of registry agents and voters
and settlement of it has cleared up
the situation and the result will be
a large statewide registration. The
court did not sustain any one OF the
points claimed as unconstitutional
ana raised by the plaintiff, rather
giving away to an Interpretation OF
the law. Following will be found
the full text of the opinion;
This is an original proceeding in
prohibition, designed to test the con
stitutionality of that certain act Of
the legislature approved March 90
1915, entitled, IAN act regulating
the nomination of candidates by pc
# litical parties, providing for thu
VI holding of primaries and conven
tions, and regulating the manner IL
nominating candidates by petition.
(Stats. 1915, p. 450D
Il Friends OF Court Invited
u The petition in this case was file,
July II, 1916, and an ALTERNATIVE
3 writ issued returnable July 23d. TIL
M importance Of the case, and tn
0 shortness Of the time allotted for ii
consideration, caused the court t
Il request a number Of prominent a
torneys of the state to appear a
friends of the court, for the purpos
x# of giving the court the benefit {
81 their several opinions, in order the
III correct conclusion might be reacl
I'M ed. In view. of the fact that pet
# toner delayed his objections to tt
act until so short time before tt
s election provided for in the a
sought to be annulled, and in vie
Of the fact that the petition does n
s show that petitioner sought to S
cure any rights alleged to be qua
Ed anteed to him and infringed by Il
act in question, through the mediu
81 of authorized representatives of h
3 party or by application in any W,
to other legally constituted author
ties, this court might well be jus,
fed in refusing to consider any que
tions presented under the extrac
binary writ prayed for. which w
rests in the sound discretion of t
court.
Rights Of Progressives
For the purpose OF avoiding pr
sible future litigation, the court "
determine certain Of the contentic
made by petitioner which bear up
his rights as member Of the p
gressive party. Certain other gu
lions in which petitioners rights ,
only in common with that Of all ell
tors generally. will not be determ
cd in this proceeding.
We may promise that we will /
IL In discussing the questions deem
w important to be determined or ref
red to, by referring to the we'll s
tied proposition Of law that all p
sumptions are in favor Of the G
stitutionalfty Of acts passed by