The people's voice. [volume] (Helena, Mont.) 1939-1969, 1945-04-06
ner provided by section 612 R. c. (St.
ex rel. Mills v. Stewart, supra.)

ner provided by section 6lz II. Y. (St
ex rel Mills v. Stewart, supra.)
Plan II, i.e the nomination of In
dependent candidates, may be made
by signatures of the requisite number
lof electors under section 615 R. c., the
nominees to be without party designa-
ton. (St. ex rel. Reibold v. Duncan,
supra)
Plan III, i.e., party nominations by
primary election, is the only method
now available for the nomination of
party candidates by the Democratic
or the Republican party in this state
in view of the prohibitions of section
629 r. c. Laborde v. McGrath, supra.)
Constitution of the u. S. the executive
authority of the state is empowered
to issue writs of election to fill the
vacant seat in Congress. The author
| ity so conferred authorizes the issu-
ance of such writs as may be required
to place in motion all necessary cleo
ton machinery of the state whether
the writ issue for primary nominal
| ing election or for special election.
There is no specific law that requires
the special election be held on June
9Th or on any other particular day and
there is likewise no specific law that
fixes any particular day for the hold
ing of a primary nominating election.
The calling of a primary nominating
election and of a special election are
matters within the discretion of the
executive authority of the state. The
time for the holding of such elections
should be influenced by the conven-
fence of the electors generally, having
in mind the general laws of Montana,
and especially the election and regis
tration laws, and the customs, prac-
tice, usage, and forms therunder. (Sec.
631 r. c.
Without the issuance of writ or
proclamation calling for a primary
nominating election, fail to see how
the major parties may lawfully nomi-
nate party candidates to fill the va
cant seat. While l find an express
prohibition in the law (Sec. 639 r. CO |
against nominations by the two major |
parties In the manner provided by |
section 612 r. G. yet / find no prohibit |
ton, express or implied, to the call |
ing of a primary nominating election
for the purpose of permitting the cleo
otrs comprising the two major parties
to express their preference by direct |
vote and to nominate properly quail
fled persons to represent their respec-
tive parties and principles as candi-
dates for the office of representative |
in Congress from the second congress
sional district
By the vote of 46,437 electors the
direct primary law was adopted. By |
The popular vote of 74,079 electors the |
act of the legislative assembly (1919) |
effecting various repeats and changes
IN the law was rejected. By obiter
1ictum INDUCED in by judges in the
Reibold case (191S) it was announced
that the direct primary law does not
apply to any special election. For the
first time since the adoption of the
law a case is before this court /
presenting the issue as to
whether the two major political par
lies of this state are not required to
use the direct primary election mach
merry for nominating party candi-
lates for public office to be filled
by the electors at special election
,alled for that purpose.
In this determination this court
should take into consideration the
ace Of the direct primary law; the
history of its initiation and adoption
including the contemporaneous dec
aration Of the proponents of the
MEASURE; the evils to be remedied
md the natural or absurd conse-
luences Of any particular interpreta-
ion. Est ex rel Goodman v. Stewart,
q Mont. IA, 1877 Pac 641) /
These factors | have considered
md | am of the opinion that the obit- &
r dictum in the Reibold case should I
e repudiated by this court and that \
he express prohibitions of section 639 9
!. c. require the calling of a direct a
rfmary election for the nomination y
I candidates by the two major parties /
Or the office to be filled :
The words of the law are that the e
lajor parties shall not be allowed to p
ominate any candidate in the manner h
rovided by section 612 of this code"
Sec. 639) THE LAW SHOULD BE T
'BEYED. G
DEd Mn rIIl TrNrr0N- fAprrt