The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1916-07-29
PRIMARY LAW IS SUSTAINED
Progressive Part Held to Still Be
in Existence and Electors May
Vote at Primary

Holding that the Progressive party
is not denied the right of holding a
convention or of nominating candi-
dates for office and that the title of
the Act is sufficiently broad to cover
all substance of it, the Supreme Court
in a unanimous decision filed at Car
son Monday evening sustained the
constitutionality of the new primary
law.
Attorneys General Reversed
In deciding the question the Su-
preme Court also reversed a ruling
by Attorney-G General Thatcher rela-
tive to registration for the primary
election. The court holds that all
persons who voted at the last gen.
eral election and whose politics APP
pears 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 of the
new voters must be prepared and
registrations for the supplemental
list. in so far as they entitle electors
to vote at the primary election, will
close on July %.
Title Il Complete
The General had given
an opinion on the new registration
law interpreting it to mean that
registrations of any date prior to
January l, 1916, would not entitle
electors to vote at the primary cleo
ton.
In denying the petition for a writ
of prohibition restraining county
clerks from proceeding under the
new primary law, the court first took
up the question raised as to the un-
constitutionality Of the Act because
of the allegation that the title con-
tanned more than n subject. The
decision holds that the constitutional
provision limiting titles of Acts to
one subject is not violated by the
primary law.
Progressives Not Barred
In discussing the question of wheth-
err or not the Progressive party is
barred by the law from participating
in the primary election or from hold
ing a convention the decision holds
that Section 2 of the Act gives to any
party polling 10 per cent of the tota'
vote at the last general election the
right to nominate candidates and tc
hold a convention. The decision
holds that inasmuch as GeorgeSpring.
meyer, the Progressive candidate for
Acknowledgement in 1914, polled
over 10 per cent of the total vote
cast. the Progressives still exist as g
political party in this State and are
entitled to hold a convention anC
nominate candidates.
Delegate Basis is Directory
The court holds that the provision
of the new Act establishing the vote
of a party cast at the last genera
election for Representative in Con
gress as the basis on which the mum
Der of delegates to the State anG
county conventions is to be reckoneC
is only directory.
The decision goes further than THU
and says that, even though the Ac'
should be held unconstitutional in
this respect, neither the petitioner
Dewitt G. Turner. nor his party, thu
Progressives. could be benefited, be
cause it appears chat they have takel
no steps to avail themselves of an.
Of the provisions of the law, having
filed no candidates for delegates ant
having designated no members o.
the party to serve on election boards
The decision is written by Associate
Justice Coleman and concurred in b,
Chief Justice Norcross and Associat,