The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1920-02-06
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

HeienH, Jan. 3l.-The state supreme
court yesterday decided the amended
primary net Is not nm emergency
measure and can therefore he held I'M
by referendum petitions.
| In 50 doing, 1t reversed Judge ".
II. Po0rman Of the district court In this
county. who recently ruled that the
legislature. In amending the act. was
within It's power In declaring IL 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 I'm by
Justices Hurley and Cooper.
Chief Justice Brantley and Asso-
ciate Justice Holloway dissented in an
opinion written by Justice Holloway.
court say that neither reason nor au-
thOrlty supports the view that the
terms public peace. health and safe.
~ have to do only with the extra
ordinary occurrences arising out of
public calamity"
The action technically was that of
Samuel Goodman. Il citizen OF Helena,
against Charles T. 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 =. G. Ford for Stewart.
appealed. In the supreme court, Good
man was represented by Attorney II.
G. Smith of Helena and the secretar-
Of state by Assistant Attorpc, Gen
eral Frank Woody. -. u. Rankin OF
Helena anna req In thu. supreme court
asee friend of the court
The original primary net being left
In operation by this decision, the pee
pie Will go to- the polls April % to
name delegates To the national con-
ventions and express their preference
for presidential candidates. All state
and county officials will he nom.
mated In the midsummer primary. the
date of which Is not yet officially
announced. The amended law pro-
vided for hut one primary and that n
closed one, In that the voter was
to have been obliged TO state what
ticket he wished to east.
The decision has little effect on the
national elections. since the presiden-
tial preference clause of the primary
Is not binding. the delegates. under
the act, merely voting for the pre-
ferred candidates MS long as there is
probability of nominating them.
The majority decision held as fol.
lows:
N,
ped Of the superfluous declaration OF
the legislature. contains nothing tn
warrant the assumption that Il Is nee
essary for the immediate preserya-
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 net or the
evils sought to be remedied showing
n 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 hy |
majority; II Is the duty of the MI |
nnrity tn bow To the e,liet of The ina.
iority In matters of policy ANA pro- |
eedure, To say that the act must |
stand without submission 10 the peo-
pie. out OF fear that they viii not |
accept the amendments, Is tn over. |
throw the rule of the majority aud |
substitute that of the minority,
I'VE find that the aet amentlin. the /
primary election law does not come |
within the purview of the exception. |
and Is subject to the referendum ms
provided by the constitutional pro
vislcn. and therefore, the judgment Of
the lower court IL reversed; the writ
Of prohibition is set aside and the
cause is remanded with tirecti ,u TO
dismiss the proceeding"
Natural Gao