The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1924-10-02
Reactionary Western Judges
Making Votes for La Toilette

It is wonder that in California there Is popular sen
for recalling the four California Supreme Court
decision barring La Toilette electors from the printed ballot
independent nominees.
One Of the great issues Of this campaign whether the
people have the kind Of laws they whether they
only have the kind Of laws that set Of reaconary
judges want
There be no better illustration this issue than the
The people Of California acting through their elected State
legislature passed law in which they made easy for indie
pendent nonpartisan candidates to for office This the
way the law reads Section 1888 Of Political Code
candidate for any public office for which no non
partisan candidate has been nominated at any primary cleo
tion may Re nominated subsequent this primary cleo
ton Or IN lieu Of any primary election IN the manner fol
lowing:
to be nominated with other information required to be given
IN the nomination papers shall be signed by the electors
siding within the district political subdivision for which
the candidate to be presented equal in numbers least
one cent Of the entire vote cast at the last preceding
general election.
Nothing could be clearer.
Acting in accordance with this law the La Toilette man.
ayers secured the signatures Of far than necessary
cent Of California voters They found 900 California
citizens who signed their thirteen times order
qualify thirteen La Toilette electors to have their
printed the ballot the Independent Presidential ticket
The unprecedented size Of this petition the best possible
evidence that large body Of Cafonians desired the ppo
tuny to vote for La Toilette independent by marking
cross the at the top Of the Independent Republican
ticket Moreover the California statute specifically provides
construed on behalf Of the real viii Of the electors Now
let observe how the real will was not aided
Dut thWaTted In the judicial decision.
The opinion Of the four majority Judges written by Chief
Justice Myers and concurred in by Justices Richards Shen
and Waste contends first Of ALL that Presidential electors
not candidates for public office in the Of Section
1188 In other words these judges set up the strange
contention that the who elected by the people per-
form the most solemn duty under
the President Of the United statesare not electors Of
public office
These electors not being candidates for anv public office
IN the majority opinion Of the court do fall in
Of candidates who be put the printed ballot by petition
These learned judges proclaim that
ie fhafc
for Presidential electors shall be nominated only State
convention Of party political organization at which
party platform shall be formulated candidates for President
and Vice President ndorsed group electors selected
who shall be identified representing the policies expressed
in such platform and committed the candidates. so
indorsed'
The requirements Of these four California supreme court
judges would have been fully met three four ward
politicians had in some backroom over an abandoned
saloon and calling themselves political organisation had
solemny named La Toilette and Wheeler independent cand
dates and had designated thirteen electors for them
The requirements Of these four judges met when
$4,000 California voters present $4,000 signatures to petition
nominating the La Toilette electors in accordance with the
expressed provision Of the statute.
But the learned Judge continues he is not limiting
the right OF suffrage Of any class Of citizens The
chief justice says that his decision
Operates to limit the right Of suffrage but the
privilege accorded the candidates Of having their
printed the ballot that privilege be accorded to
these petitioners every qualified voter Of the State would
nevertheless have the right and the opportunity cast his
vote for them 1.-THE La Toilette eecor at the general election
By uOrng their upon the ballot IN the spaces
uOhich uUiH be provided thereon for that purpose"
Could any reasoning be more speCous and fase Voters
for Coolidge and Davis simply mark single cross in
above their Presidential electors Voters for La Fol-
e expected to remember the Of thirteen electors
write them properly in their right order spelling their
perfectly under pain Of having the ballot voided an error
is made This the right and opportunity which the Chief
Justice considers ample for La Toilette voters
Fortunately there is way out The Socialist Party Of Cali
fornia has Endorsed the La Toilette candidacy California
Progesves instead Of writing the Of the thirteen
Independent electors for La Toilette by marking
cross above the Socialist Presidential electors
But Progressives not Socialists To mark Socialist
IN Mt onN
this fact must have been known the four Supreme Court
justices who forced them to this expedient
Americans love fair play The act Of these autocratc
judges will have effect exactly opposite to what they in
tended Their decision will be worth million votes TO La
Toilette not only in California but throughout the Union
The four California judges helping the Wisconsin Senator
teach the people Of the country the truth that our liberties
threatened by judiciary which has assumed the right to
twist distort and nuiy the laws which the people make