The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-10-18

ization and administration Tof the party have
been purely voluntary. II voter or any num-
Der of voters were denied the right of repre-
sentaton in the primaries OF the party, or their
voice was smothered by false return on the
part of those presiding in such primary, whose
duty it was to make due return to the next
HIGHER body of delegates chosen to represent
the individuals, such parties had no remedy
except to visit upon the collective body of the
party representing their own ideas in the main
the sins of their own unfaithful servants. In
other words they could only punish the wrong
doer by depriving / in OF the Arize to obtain
which the wrong was believed to have, been
done The member OF a party has defrauded
of his right could only manifest his sense OF in
iustice by kicking against the party in whose
progessed principles he still firmly believed,
and securing perhaps, by its defeat, the aseen-
dancy OF principles he deemed subversye of
good government. 1t was a very trying posi-
ton for an honest man who desired 20 do bis
full duty as a citizen. The choice between the
two evils presented was often very difficult to
make. Just here gas displayed the weakness
of our system of party government. In all
other respects it has worked adv rably. No
other practicable means has every been devised
fol ascertaining the will Of majorities. Is this
defect remarkable, and, If so, how? The expe-
rience of the past fifty years. which pretty
fairly limits, the history Of modern party gov
eminent, does not afford any reasonable hope
that the right of the citizen to an equal voicsin
the primary OF his party can ever be secured by
merely voluntary pre-arrangement, for the
violation of which only remote and indirect
penalty can be inflicted. Can it be done by
statute? The regulation Of the primary has
been already attemp pied in some States, so far
as the punishment Of illegal voting thereat is
concerned. What is there to forbid the legal
scrutiny and direction of the whole machinery
of the party, thereby securing to the individual
the equal voica TO which he is entitled in the
direction of both the party and the govern
ment? What are the elements of which such
control would necessarily consist?
Thus far, the laws which have been enacted
on this subject have been notably insufficient.
Their farthest limit has been merely to ex-
tend TO the holders OF n primary election the
laws governing regular election, SO far as
ballot-box stuffing and the making of false
returns are concerned, and to require that the
person voting at the primary shall be legal
voter of the municipal subdivision for which
it is held. The effect of these laws has hardly
been noticeable in the decrease of crime
against the citizens right of self-government,
except in the change of its character. Instead
of stuffing the ballot-box without the pretense
cities are now regularly stuffed by hired
voters resident in the precinct, but belonging
to another party
1t is evident therefore, that the stringent
legislation which should protect the purity of
the primary, should at least consist of the fol-
lowing elements:
First; 1t should define the terms "partyn
and primary" declare the rights of individu-
al members, and provide that candid ates
should be nominated (if representing any par
ty) and delegates selected for all representa-
tive conventions of any party at primaries du-
ly called and held.
Second: 1t should declare how q primary
must be called, what notice must be given,
how the 'pol-holders shall be qualified, for
what time the boxes shall be kent omen. and
how the voting shall be conducted
Third: 1t should declare the qualifications
OF voters at such primaries, and define the
proof by which such qualifications shall be es-
tabished, giving the poll-holders the power to
administer oaths and hear testimony, in order
to decide questions Of this character.
Fourth: 1t should provide for counting the
votes, announcing the result, granting creden-
tials and the other formal duties Of officials of
the primary, the authorization of proxies and
all the machinery necessary to make the ac-
ton OF the primary efsctual.
Fifth; 1t should prescribe penalties for brib-
cry, intimidation or other corruption Of the
voter at such primary; for perjury of the voter
OF other party sworn by the poll-holders in as
certaining the qualifications of any claimant
OF the right to vote; for false personatien; for
the corrupt refusal of the right of any duly
qualified voter; for ballot-box stufing; for
false count or falsa eturn, and every other
malfeasaDce on the part of the poll holders.
OF these provisions, the last is about all that
has been hitherto attempted by statute. I'M
der the pr9tenee of regulating primaries laws
have been enacted that have left open more
than half the doors of fraud. The fact that
these have proved Intellectual no more estab-
fishes the ipefiieieney OF statutory enactments
of this character than would the fact that q
Law against manslaughter failed to repress bur
glary prove that houSe-breaking was without
the pale OF statutory restraint. There is but
one of these elements that any one at all IA
miliar with the subjecB-matter sand the techni-
cal requirements Of a valid and effective stat
ute, would meet with any serious difficulty ID
formulating. AT first sight it would seem
that the qualifications of persons entitled to a
vote at the primary would be very difficult to
define. The difficulty, however, is more APP
parent than real. Apart from the fact that
they must be duly qualified voters Of the pre-
cinct in which the election is held the reia-
tions of the individual Offering his vote at the
primary to the party itself would have to be
considered Abstractly the man who has be-
fore voted or expects hereafter to vote with q
particular party should be admitted to q
voice in its control. The bulk of all
established parties, however, consists Of those
who have before supported their peculiar
tenets. There is sometimes small fringe Of
accessions through change Of opinion, and al
ways pretty regular accretion by reason of
natural adherents who have arrived at voting
age since the last election. It is probable that
no serious injustice would be done, however,
and perhaps the aggregate result would not
often be changed, by the adoption of the rale
that only those who at some previous election,
TO be 50 specified as to be readily dsterminable
had acted with the party by supporting all or
major part of its candidates, should be al
lowed to vote at its primaries. This would
close the door against those fraudulent pre-
lenses on the part OF voters which make the
primaries guarded by law" as they are
claimed to be in some States, as much a
moekery as those held under the present
voluntary system. A primary election which
can thus be corrupted is worse than none at
all No party can hope to preserve unity Of
action or secure results of any value to the
country that is not controlled throughout its
entire organization by the voice of persons in
accord with its principles and purposes.
In the case OF new party, or of primaries
designed to put in nomination candidates up-
on other than party basis, how could the
qualifications of the voter be ascertaiDed?
Such cases are not nearly as frequent as one at
first blush might suppose. Indeed they are
so rare that practical politician may usually
count the instances coming under his actual
observation upon the fingers OF .
single hand. In such cases it may
be admitted that no statutory defini-
ton Of the qualification of the voters can
be given, and in order to preserve perfect
freedom and elasticity of political Organization,
it would probably be the part of d wise discre-
ton to declare Automatically that any voter as
sorting his intention to support the choice of
for the same. This would leave the present
system in force ia such cases, as to the Qualifi-
cation of the voters merely and III case of
new party or non-partisan nomination there
is no serious danger of its abuse. These rules
may not be the best that can be devised for de-
termining the proper qualifications of voters
at the primary, but they are sufficient to show
that it is quite possible TO define such qualif-
cations SO as effectually to guard against the ir
rRption of "bummers'' employed fer the occa-
sion, as now too frequently occurs, without de-
barring any considerable proportion of those
entitled to a fair share in the direction of the
party
1t is as easy to protect the right of a partisan
to a voice in the direction of his party by law,
as to define by statute the right of a share
holder in a corporation The same principles
of equity and good conscience are as easily
made applicable to the one interest as the
other Just how it shall be done is for the
law maker to determine; whether it shall be
done is for the people to declare. The New
York Republican platform well terms the pri-
maries "the source of the political action Of
the people, and demands Stringent legisla-
ton to protect their purity and honesty" II
this declaration is sincere, it marks a step in
advance which is of the utmost significance
Ii honestly fulfilled, the elimination Of the
"boss" from politics would be an easy task
thereafter, and which would depend solely on
the diligence and faithfulness of the voter II
faithfully carried into effect it would oonsti-