New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-28
WHAT CONSTITUTES A PARTY"
A I.UIIER FROM ATTORNEY GENERAL RosENDALE
TO TIE CHAIRMAN OF THE PEOPLES
rARTY IN KINGS COUNTY.

TO TIE CHAIRMAN OF THE PEOFLEo
rAKTY IN KINGS COUNTY.
Albany. sept. e7-tspecoD.-The officers OF the
Peoples party, the supporters OF weaver anu fiou'
have Just obtained opinion from Attorney zen
oral Rosendalc OF much interest concerning nomina-
lions this fall by political parties. The new eecuoh
code has abolished that feature Of the ballot reor'n
law which required political party first to poll per
cent Of the vote Of the State before 1t could secure
the right to have ballots printed for it. Notwiti-
standing this fact. John ". Shook, the Chairman OF
the Central Committee OF tue People >
party in Kings County. recently Wro,e
letter to Attorney General Rosendae
asking him II the Peoples party organized this year
could have official ballots printed for 1t in Brooklyn
New York and other cities merely by holding con-
ventlons and making nominations and not be forced
to obtain certain number OF signatures 10 AL ihuo
pendcnt nomination certificate. Mr. Shook In MS
letter argued that the Peoples party having he'd
National Convention at Omaha aud nominated
candidate for President well as having previously
elected candidates for Congress In Solthhm anu
Western States was entitled TO recognition as dis
tinct political party Mr.. Rosendale replied to Mr.
Shocks letter on Saturday, but it had not been printed
Today Mr.. Rosendae thought It bcst in response 10
, similar question which came 10 him from several
points In the State to give out for publication his
letter TO Mr.. Shook. 1t IS giveu In full below:
State OF New. York. Attorney Generals once
Albany September ~. 1907.
John NJ Shook. Esq. Chairman Kings county 'e"''i
Committee. p p.
Dear SIR In answer your Communication with REFER
ence 10 tho election Chapter $50 laws OF 1921 ana
,ts effect as amended upon nominations beg n say
Under Section So OF above referred to, the
officer 20 the certificate Is presented for ming u
,cen,s to me- must determine whether tho certificate OF
nomination thus presented is made as to constitute
Marty nomination within the statute II would seem that
no general rule bo adopted for the law requires that Il
nomination u ba known a party nomination must be
made ''by primary convention held therefore. or
by duly authorized committee appointed by
such primary convention" Where there EXISTS
an orranled body Of citizens having held National
convention composed OF delegates representing the various
States In the Union and which has nominated candidate
FOR President and ePresdent. and which has held
state Convention composed Of delegates representing the
different portions Of tho STATE. and having National and
Committee w4h the usual party organization. this
meaning Of tn used the Election law. far as
the nomination by these bodies concerned. Whether
local nominations be regarded party nominations
depends II me in each instance upon the par
cular ca-o which heretofore stated Is TO be deter
by the officer whom tho certaeste is to be pre-
scented for ang. Very respectfully yours.
SIMON W. RoSENDALE. Attorney-ocneral.
The effect Of this opinion OF the Attorney General,
II Is said will Ice the nomination Of candidates for
city officers and Asscmhlymcn by the Peoples party
IN New York and BROOKLYN. The Peoples party
was have held n State Convention AZ syracuse today
TO nominate a state electoral ticket. Mr. Rosendale's
LIST of electors by the Secretary u State. But The
opinion also gives support to such public officials
as refuse TO receive ihe certificates OF nomination
81 sham political parties.