The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1920-10-01
Primaries Are Not
General Elections
AS Law Interpreted

Primary elections cannot be con
sidered as general elections" within
the provisions of the naturalization
act nor can candidates at the coming
primary election be chosen to office
at that time, are conclusions which
have been reached by Circuit Judge
l.. L.. Burr in an opinion written on
the subject for United States Attor-
ney S. c. Huber. In this opinion
the Judge writes, in part, as follows:
CAS- to the point you raised, that
the coming Primary Election might
be considered a general election"
within the provisions of Section 6 of
the Naturalization Act, l could find no
decision, wherein that precise point
had been an issue. However, under the
title general election ard also under
the title Primary Election" in
words and phrases" are collected
numerous cases, wherein the meaning
and intendment of the terms have
been construed by the courts. The
cases nearest in point-that is as to
whether a Primary election is a gen
ercl election within The purvicw of
some act that provides that a certain
thing cannot take place within a GER
Ntlli BtliOu Vi -AiC BlAOI " - SilV t'
Election, have been in the matter OF
local option elections, See Biglow vs..
Graham, ISL S. w. 729, these cases
both holding hat a primary election
is not a general election, and if there
are no decisions to the contrary, as
| was unable to find any, | think that
these cases should be decisive.
Cooke Case Cited
However, as to The point that
might be raised, that our Primary
Election Law provides for the election
Of candidates tC office should it be
that they receive a certain proportion
of the vote case. AS "a this-that
point has been settled by Nr Supreme
Court in the Cooke Case, 2AUaw. 247
wherein it was held that the Urinary
election law of the TERRITORY could
not alter the provisions of the OAyanic
Act as to the matter of the timA at
which Territorial officials shall Nbe
elected. l may state, that there Are
also wealth of authorities on the point
that a priamry election iG but a sub
stitute for a party convention. The
object of the primary being but TO
select the candidates for the various
political parties. Cases in point being
collected under title Primary Elec-
ton words and phrases.
Legal Definition
"While, as l have stated l was I'M
able to find any case wherein the
point in question had been an issue
that is, as to what constitutes a gen
eral election within The purview of
Section 6 of Tie Naturalization Act
the matter is discussed in % Opin-
ions of the Atty. Gen. LAG. The ques-
ton there being whether county cleo
tion, general throughout the state,
YVES a general election. The Atty.
Gen. holding that such elections did
not constitute a general election. In
the matter of defining a general cleo
ton, the Atty. Gen. in the foregoing
opinion cites Bowler" who has de-
fined a general election as, can cleo
ton of officers of the general govern
ment either federal or state" Under
that definition u primary election is
nCt a general election, as no officer or
officers of the Territorial government
can be, elected, as it is so decided by
our Supreme Court in the Cooke case"