The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1924-09-27
HERE ARE SOME FACTS

- ERE are some facts:
I'll /. The United States Constitution directs that pres-
Dental electors shall be chosen in each State in such manner
the Legislature shall direct
2 The California Legislature separated certain
partisan offices (such school officials city commissioners
ec group applied its election and primary law
all other officials and provided for nomination by primary
by convention by petition.
The Republicans and Democrats chose the primary the
Socialists chose convention and the La Toilette people chose the
petition method.
The California Legislature directed that its election and
primary law sha be construed literally (by the courts
that the real will of the people shall not be defeated"
The law authorized day if
cent of the should sign petition and if such ner
had not voted at the primary.
g. In single day $4,000 people each signed fourteen
separate electors petonsa of 100000 signatures the
petitions to put the La Toilette electors the California ballot
T. The California Supreme Court by a judges
against three has ruled these off ballot
ground that they officials but merely messengers
hence do under the provisions of the primary
s. Of the four judges who voted knock Toilette
the ballot three Myers Shenk and Richards elected
by the people, but the political appontees of the hard
boiled, reactonary Republican Governor, Richardson
g. The fourth judge Waste politician who was in the
Legislature away back in the smelly days Southern Pa
cc domination of California He too first got on the bench
by appointment instead of election.
10. Of the three judges who voted in favor of
Toilette electors one Lawler elected by the largest vote
running for any State office 1922 and the third
Lennon, holds his seat by vote of the people.
IL Two of the judges who the law Myers and
Shenk running for reelection this year on
both the Republican and Democratic tickets running against
"a Toilette ticket (Another pair of Gold Dust Twins)
- Four of the majority judges Coolidge Republicans
Two Of the minority Democrats Progressive Re
J publican.
18 The dissenting judges spoke follows: Lennon: "To
onstrue this statute when itself directs liberal construction
efeas not only the will of the Legislature the will of
me people, Sewel: TO unduly obsruct independent
oters contrary to the principles of Republican
awer THE rule of construction in primary law places
duty of the court interpret that one group of
tizens may not be denied rights enjoyed by Others
IA Senator Hiram johnson says that this decision Of the
our is unjusfed by law, contrary public policy and of
ne most harmful consequences such decisions
this that undermine public confidence the courts
The net result is
That the La Toilette California electors must RIM aS
SOCIALISTS thus inviting fresh of red to the heads Of
Dawes, Davis Daughery, Detective Burns and Coolidge
II the State law does apply to nomination Of nres
ena electors by petition because they officials but are
messengers then how does the law apply to the nom
f77natlon OF electors by primary or convention?
That Calfornans fighting mad and are setting ont
- recall the four judges.
t. That this is beautiful illustration that courts ara
and that they and do the Constitution and the
autes to fit emergencies in politics and in bio business