The circle banner. [volume] (Circle, Mont.) 1914-1939, 1920-01-23
OFFICIAL PAPER McCONE COUNTY
AMENDED LAW DIcTAToR'Al IN
CHARACTER

district Judge Of Lewis anu oiai
county. and to whom the matter ""'
referred for decision IN an ac'ioA
hrouebt bv Attorney Henry c. smith
of Helena, has upheld the validity o.
the Montana primary law as amend
"a in special session by the state
legislative assembly, the Heieh' JUL
isr maintaining among other Things
chat the legislature has the rlght 10
amend an initiated law and TO de-
termine whether or not its acts are
emergency measures. IL THIS ue'
cision is confirmed by the state sup
RENE court, as presumably II VIII DC
anneal to that body, our coming
statewide primaries will be heia uh-
der what many voters regard as d
cunningly arranged plan for promot-
inp the designs of the political bosses
who are determined that the rank ana
file of the people shall have the least
possibl opportunity for fully ana free-
~ expressing themselves as to what
candidates shall be selected for pup
llc office
Under the amendments made by an
absolutely, bossridden legislature at
the special session held last summer,
a voter now appearing to take part IN
a primary election must unreservediy
declare his political affiliations by
asking for a ballot of recognized
political party, thus not only giving
the political spies and heelers an OPP
portunity to ascertain the political
party the voter contemplates support
ing, but entirely destroying that Sec
recy which is supposed to protect a
voter in exercising the right OF suf-
ferage Furthermore, the amendments
provide for the presence OF chaliengers
at the polls, and even after voter
has asked for the ballot OF certain
political party he may be naraSSed
and Inundated by a demand from
these challengers that he take an OBJ
legation that it is his intention to sup
port the nominees of the party rep
resented in the list of names carried
on the ballot he has intimated his in
tention of voting for. To swear man
in this manner that he will unequivo-
cally support the nominees of party,
regardless of what may be the charac-
ter and qualifications of the candi-
date chosen, savors not only of brazen
bulldozing, but it shows that the men
responsible for such legislation were
largely without scruples as to poll.
teal decency, wholly intent upon ex-
erting disreputable pressure to intimi-
date voters suspected of independent
ght ticket" In other words, to hold
voters so compactly in line thai they
would simply degenerate into what |
are known as "yellow-dog" voters, viz: !
men and women who vote their tick |
cts from top to bottom, regardless of |
how Objectionable certain candidates |
may be or how seriously tn election |
of such to office might jeopardize the
interests of the general public
If it shall be maintained by the
higher courts that the constitution of
this state permits our legislative bod
les to pass any sort of legislation,
even to override the expressed voice
of the people in relation to the mi
tiative and referendum, by designat-
-,
sures." then the time has certainly
arrived for such a revision of the con-
stitution as will rectify the egregious
blunder made by our early-day law
makers in clothing the members OF
legislative assembly with such dam
gerous and tyrannical authority. And
to long permit Legislature, compos-
ed SO largely as it generally is of jack
leg politicians and sycophantic camp
followers, to exercise such monarch
ial and despotic power would certain
ly soon destroy every vestige Of popu-
lar and representative government.
A legislative assembly is only pre-
sumed to avail itself of the privilege
of enacting emergency measures"
when the state is menaced with some
grave danger. or such action is de-
for the protection and main
tenance OF the public peace, health
and safety. None OF these contils nc
les has arisen or were even distantly
visible when the Legislature made
shese amendments, although there Is
10 doubt that number OF political :
,osses realized that their peace Of
mind and poiittcal aafsty depended
Ipon the emasculstion q snch provi- :
ions X ~ yrtnaary Nv = asxured /,
edly ~ the success " the ques-