Primary Elections; a Study of the History And Tendencies of Primary Election Legislation

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Michel, 46 La., 430.
Digitized by Microsoft® lOO PRIMARY ELECTIONS not, however, found general favor. In Ladd v.
Holmes' it was said, Legislative authority is adequate to prescribe all reasonable rules and regulations looking to the security and safeguarding of these sacred rights and privileges. In so doing, the right of the adherents of the respective parties to assemble and con- sult together for their common good, is in no way infringed upon. Far from being contrary to the letter or the spi
...rit of the constitution, such legislation is in reality designed to insure the rule of the majority. Party management [said the Court] is of such vital importance to the public and the state that its operation, in so far as it respects the naming of candidates for public office, is an object of special legislative concern, to see the purposes of the constitution are not perverted, and the people shorn of a free choice.
In New Jersey the objection had been raised that the Act of 1903 interfered with the rights of political parties to prescribe terms of membership and make rules and regulations for their own government,' The court distinguished between " the determination of the legislature of conditions of things already in being, and enactments by the Legislature that bring into existence conditions that previously, have not, and but for such legislation would not have, any existence." The regulation of the law to preserve the peace of a camp-meeting and regulations to protect the political party were declared to be the same in nature.


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