Legal Opinion

Katz v. Fitzgerald

California Supreme Court

Decided December 2, 1907No. S.F. Nos. 4747-4205PublishedCited by 21 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtHenshaw, J.

These cases both represent attacks upon the constitutionality of the primary election law and may be considered and disposed of together.

The propositions advanced against the law are: Secrecy in voting is not preserved; the law arbitrarily classifies voters and discriminates between the classes so made; it destroys the right of self-preservation of political parties, and impairs the right of citizens to assemble together and to instruct their representatives; and invests state officers with judicial functions. These objections, for the most part, were advanced and answered in the case of…

2Cases cited8 opinions

  1. Ladd v. HolmesOregon Supreme Court · 1901
  2. Britton v. Board of Election CommissionersCalifornia Supreme Court · 1900
  3. Spier v. BakerCalifornia Supreme Court · 1898
  4. Rebstock v. Superior CourtCalifornia Supreme Court · 1905
  5. Marsh v. HanlyCalifornia Supreme Court · 1896

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3Cited by21 opinions

  1. Koy v. SchneiderTexas Supreme Court · 1920
  2. Communist Party of United States of America v. PeekCalifornia Supreme Court · 1942
  3. Unger v. Superior CourtCalifornia Supreme Court · 1984
  4. Riter v. DouglassNevada Supreme Court · 1910
  5. State v. BlaisdellNorth Dakota Supreme Court · 1908

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