The circle banner. [volume] (Circle, Mont.) 1914-1939, 1920-01-16
Primaries Will
Be IN April

When Montana voters go to the
polls at the April primaries they must
declare their party affiliation and will
then receive from the election offici-
ais the ballot of the political party
they name, instead of receiving under
the open system the ballots OF all pol
itical parties and voting secretly what
ever party ballot they may select.
This is the effect Of the decision OF
District Judge w. H. Poorman, who
ruled yesterday that the operation Of
The primary law as amended by the
legislature last August, providing an
emergency measure for the closed pri-
nary cannot be held up for refer
endum of the voters.
Judge Poorman overruled the de-
murrer of Respondent G.. r. Stewart,
secretary of state, to the application
Of Relator Sam Goodfan for write
of prohibition forbidding Secretary
Of State Stewart receiving and fling
any additional petitions for a refer
endum of the closed primary amend
ment.
The court holds that the legislature
has the right to amend an initiated
law and to determine whether Or not
its acts are emergency measures.
The respondent is given until 10
o'clock next Friday morning to make
'urther pleading. The attorney gener-
IFS office announced that it may take
he case to the supreme court.
Judge Poorman holds that the judg
ment of the legislative or executive de
partments as to the wisdom, exped-
ency or necessity of any given law is
conclusive on the courts and cannot
be reviewed or called into question
by them. Section1 article 5 of. the
state constitution, as amanded in 1906
provides that all acts OF the 1egisla-
ture may be referred except those
necessary for the Immediate preser-
vation of the public peace health or
safety" and the legislature is the iud-
ge- OF whether an act is an emergency
a.
Courts make no laws. change
no constitutions: courts inaugurate no
policies adds Judge Poorman
Courts consider whether the limits
Of the constitution have been infring-
ed upon, both in the case of initiat-
ed acts as we'll as laws enacted by
The legislature. Nowhere in the con-
is there any provision which
or indirectly, takes from or
lenies to the legislative assembly the
to amend any law and like
wise, the people may by affirmative
act amend any law enacted by the
legislative assembly when the same
IS not within one of the exceptions"
by the constitution.
Judge Poorman taking up the con-
ention of the respondent that the
courts, not the legislature should de-
ermine when an act is necessary
or the preservation of the public
,eace, asserts many of the states have
health. or safety, pro-
risions that laws enacted by the leg
stature shall not take effect until
ertain time after their enactment,
'ut that the Montana constitution has
fleet as soon as they are approved
~ the governor.
The Legislature, says Judge Poor
nan, in determining whether an act
S an emergency act involves ques-
ion of fact and quotes authorities as
tating that Legislative determine
ion of a fact is conclusive upon the
ourt''
"To enter upon an investigation as
o whether under all the circums-
tnces existing in all the localities
f the state require the enactment
+ such a law for the preservation OF
he public peace, health or safety
rould be fraught with such difficulty
s to render any conclusion reached
lltJlC llOuuCAts Anu tHOA1, WAOl0Ah
as single individual, sitting as a
ourt, if all the facts were before him.
ny better opportunity to determine
lis question than the 14O or more
composing the legislative
and where discussion is not
by any rule of court or
edged about by any particular meth
Is of procedure but where all ques-
ons may be openly discussed both
the assembly, in the public iourn-
$ and among the people. Further
ore expeditions action might in
any cases, as in war. rebellion, in
contagion or disaster, be
,solutely necessary without waiting
r some individual to voluntarily as
lme the responsibility OF institut-
& an action in court so that the
urt may write an emergency clause
law."-Helena independent.