The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1920-02-20
PRIMARY ACT IS
NOT EMERGENCY
MONTANA SUPREME JUDGES RE,
VERSE DECISION DENYING A
REFERENDUM ON MEASURE
HIGH COURT SPLITS 3 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 supreme
court yesterday decided the amended
primary act is not an emergency
measure and can therefore be held up
by referendum petitions.
In so doing. it reversed Judge W.
II. Poorlnan of the district court in this
county. who recently ruled that the
legislature. in amending the act. was
within its power in declaring 1t 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 di>Sented 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
ordinary occurrences arising out Of
public calamity"
The action Technically was that of
Samuel Goodman. a citizen Ut Helena.
against Charles 4. Stewart secre-
tary of state. Mr.. Goodman lent his
name 10 test proceedings to determine
whether Mr. Stewart could legally re-
ceive and file the referendum petit
tons.
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. {. Ford. for Stewart,
appealed. In the supreme court. Good
man was represented by Attorney H.
&. Smith nt Helena. and the secretary
of state by Assistant Attorney Gen
eral Frank Woody. w. II. Rankin of
Helena appeared in the supreme court
as Il friend of the court
The original primary act being left
in operation by this decision. the peo-
pie will 60 TO the polls April % TO
name delegates to the national con-
vention> and express their preference
for presidential candidates. All state
81 .;.,1. ,S-:lJ ~,
mated in the midsummer primary. the
date of which is not yet officially
announced. The amended law pro-
vided for but one primary and that a
CLOSED one. in that the voter was
to have been obliged TO state wha,
ticket he wished to cast.
The decision has little effect on the
national elections. since the presilen-
tial preference clause of the primary
is not binding. the delegates. under
the act. merely voting for the pre-.
ferred candidates as long as there is
probability of nominating them.
The majority decision held as fol
lows:
"Clearly the act in question. strip.
ped of the SuperflnouS declaration OF
the legislature. contains nothing Ia
warrant the assumption that it is nee
essary for the immediate preserva.
ton of either the peace or safety OF
the state: nor is there anything in
the history Of the legislation. the con.
temporaneouS declarations of the leg.
islature. the purpose Of the act or The
evils sought to be remedied showing
Il fact or condition juStifying either the
legislature or the court from with.
drawing the act from consideration
of the people.
Under our system of government
the people rule and that rule is bv
majority: it is the duty of the MI
nority to bow to the edict OF the ma.
iority in matters Of policy aud pro-
cedure. To say that the act mus.
stand without submission To the ;,.o-
pie. out of fear that they will not
accept the amendments. is to over
throw the rule of the majority aud
substitute that of the minority.
1--WE find that the act amending the
primary election law does not come
within the purview of the exception
and is subject to the referendum as
provided by the constitutional pro.
vision; and therefore. the judgluell, of
the lower court is reversed: the writ
of prohibition is set aside ana the
cause is remanded with direct III 10
dismiss the proceeding"
Prohibition Orjvjno Poles Aons