The circle banner. [volume] (Circle, Mont.) 1914-1939, 1920-02-06
PRIMARY ACT IS
NOT EMERGENCY
MONTANA SUPREME JUDGES RE-
VERSE DECISION DENYING A
REFERENDUM ON MEASURE
HIGH COURT SPLITS 8 TO- 2
People Rule Under Our System Of
Government, and Not to Permit
Vote on Law Would Be Fore
ing Rule by Minority

Helena. Jan. 31-The state suprem,
court yesterday decided the amended
primary act is not an emergenc,
by referendum petitions.
| In so doing. it reversed Judge w
III. POorman of the district court in this
county, who recently ruled that the
within its power in declaring it an
emergency law, which, under the con.
| stitution, cannot be referred.
The decision of yesterday means that
the elections this year will be held un-
der the old law, the amended act being
automatically held up by petitions on
file for its reference.
The. supreme court reversed the
judgment of the district court in an
opinion by Associate Justice John
Mathews. which was concurred in by
Justices Hurley and Cooper.
Chief Justice Brantley and Asso-
ciate Justice Holloway dissented in an
opinion written by Justice Holloway,
in which the minority members of the
court say that neither reason nor au-
thority supports the view that the
terms public peace health and safe
ty' have to do only with the extra
public calamity"
The action technically was that of
Samuel Goodman. Il citizen of Helena,
against Charles II. Stewart, secre-
tary of state Mr.. Goodman lent his
name TO test proceedings to determine
whether Mr.. Stewart could legally re-
ceive and file the referendum petit
lions.
Goodman brought the suit in the
lower court TO prevent the secretary
of state from receiving and filing the
petitions. Judge Poorman granted
an injunction from which decision At
torney General S. c. Ford, for Stewart,
appealed. In the supreme court. Good
man was represented by Attorney H.
c. Smith of Helena. and the secretary
of state by Assistant Attorney Cen
aral Frank Woody. w. ID. Rankin of
Helena appeared in the supreme court
rs a friend of the court.
The original primary act being left |
N operation by this decision. the peo-
Die will go TO the polls April % to |
name delegates to the national con-
and express their preference |
or presidential candidates. All state |
md county officials will be nom
mated in the midsummer primary. the
late of which is not yet officially |
The amended law pro-
-ided for but one primary and that
closed" one, in that the voter was
o have been obliged to state what
icket he wished to cast.
The decision has little effect on the
ational elections, since the presiden-
ial preference clause of the primary
) not binding the delegates. under
he act, merely voting. for the pre-
erred candidates as long as there is
of nominating them.
The majority decision held as fol-
,ws:
CLEARLY the act in question, strip
ed of the superfluous declaration OF
he legislature. contains nothing to
arrant the assumption that it is nee
ssary for the immediate preserva-
on of either the peace or safety of
he state; nor is there anything in
lie history of the legislation, the CON
declarations of the leg
lature, the purpose Of the act or the
ills sought to be remedied showing
fact or condition justifying either the
gislature or the court from with
awning the act from consideration
the people.
"Under our system of government
e people rule and that rule is by
ajority; it is the duty of the mi
,rity to bow to the edict of the ma
rity in matters of policy and pro-
dure. To say that the act must
and without submission to the peo-
e, out of fear that they will not
cept the amendments, is to over
row the rule of the majority and
bstitute that of the minority.
1--WE find that the act amending the
imary election law does not come
thin the purview Of the exception,
d is subject to the referendum as 8
divided by the constitutional pro- :,
zion; and therefore. the Judgment OF n
E lower court is reversed the writ y
prohibition is set aside and the :
use is remanded with direcl IN to
miss the proceeding.