The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1895-02-16
A STATE PRIMARY.

IL
u1aer the operations Of the code chan
Ter providing for primary elections
Inc State Executive Committee can
order a primary election. agreeing
upon alf matters of detail. without re-
gardlng the csde chapter, which every
sody knows is bubgling mass of
contradictions law that the next
Legislature should waste no time in
amending. The TINES advises agslnst
an election under the @dubleus provi
slens Of 'he primary election law, un-
less the Executive COMMITTEE be re-
daested to encounter the risk of its
probable consequences by popular pc
ullons-the ouly authoritative means
OF expressing the popular wILn-
ClarioH-Ledger.
We look upon the reasons for
changing from the convention to the
primary methsd of nominating a State
ticket, as In the msin fanciful And
that expectations of less sum Of pop
ular discomfort by reason OF such
change are unfounded. But If It ls
fact that the State Executive Commit
tee has the authority to "order a
primary election, agreeing upon all
matters OF detail without regarding the
code ehapterr-the TIMES withdraws
all "dIsfavorn from the proposition.
Ii the committee has not this author
ity, and is compelled if it order pri-
mary TO be governed by the code
chapter--are we TO understand the
Clarion-Ledger as joining with the
Times in advising against that method
Of nominating State officials?
The following from the Woodvil.c
RepublicGi--sustalned by a well timed
publication of u recent opinion of the
Attorney Geueral-does not bear oul
the Clarion-Ledger's claim; OF the
authority OF the State Executive Com.
mittee:
The Election Law says plainly that
tho counties shall decide whether they
hold primaries or delegate conventions
or mass meetings. The opinion OBJ.
tanned from the Attorney General oi
the State during the Congressional
canvass last fall should be fresh in the
minds of our readers, but for the ben.
eft of those who are now demanding
that the State Executive Committee
shall order primary elections through
out tire State regardless of their power
TO do SO lawfully, induces us to repub
lish the opinion from Attorney Gen
eral johnson.
If the Attorney General is correct
ard L fair reading of the law seems Il
leave no doubt about II, the uniformi
| t!' of action by the counties which Il
u ecessary to harmony and effective
rless III District and State elections col
be secured only by the consent of th,
counties. The State Executive Com
mlttee may recommend but it csnnc
order This Is perhaps the principa
defect of this meddlesome effort q
Legislation known in the Annotated
Code as the Primary Election Law.
The opnien Is as follows:
JACKSON, Miss, July 20, 1894.
DEAR SIR:--Your esteemed favo
: of the lltb, came duly to hand, and
hope you will pardon my delay In re
spending.
The primary election law is YER,
crude, and in many phases difficult o
construction. find It very difficul
indeed to intellIgently construe som
Of lis provisions at all. Section 326
Of the Code, IN The cearest term
gives each county a right TO decid
whether 1t will have a primary elec
ton or convention, nd the power t.
determine tho meth cd Of selecting
delegates, or expressin & the choice TO
candidates. While sec zion 1858 seem
to assume by impica tion that thl
same power has some bo W or in som
way been given to State aud Dls
trict Executive Comm ittees, sec
ton 1859 seems to confins The actiol
of the constituted authoritie OF th
party, presumably Execu tive Com
mtiees) to naming tho day Tor ID
different counties "to choose delegate
or otherwise express their VIII on th
same day." This is a distinct recognl
. ton again of the power Of eOc h coun
ty TO decide whether 1t will nave
primary election or delegate sonveu
tion. | do not think section $40
should be so construed as to deprlv
the counties Of this right, which woul
: in effect entirely destroy the plai pre-
visions Of section 1861. This, it seem
to me. is the sonuder aud safer col
structioD. | have the honor ~
main, very faithfully your obe dleh
servant, FRANK JOHNS On
Commenting upon the remar IS j
tho TINES, the Commercial Hcral
says:
Ii we correctly interpret our O.
teemed contemporary, be is opposed t
Q a primary election, on account Of th
defects In the primary law. We hav
urged the repeal of the law, on acco ur
of i,s det,cls and doubtful phrase
: bat we do Dot tbiuk IL can be col
strued BIZ anyone TO forbid ID re'
vote of Democrats for Democlral
candidates. Tho popular voice. ai "
read II, Is for State primary. aud "