The sun., 1896-10-09
DK1rocnlor OR PoPoonAcr.
which Is Eutitisd 20 ths Na~s OF ths Party
OF Thonas JeGersoAS

OF fVhonns Seherp0HS
ALBANY. Oct. s.-The hearing on the protest
OF Chairman Elliot Dsnforth of tho Democratic
State Committee against the fling with the
Secretary of State of the State ticket of the
National Democratic party. thus giving 1t a
column on the official ballot, was had before
Secretary of State Palmer this afternoon. The
main contentious In the protest are that the
National Democratic party Is not the Demo-
cratic party OF the State. and that II held no
Convention; that II did not poll 10, 900 votes at
the last Gubernatorlal election. and that the
name National Democratic party Is misleading
Secretary Palmer at noon announced that he
was ready to proceed with the hearing.
Col. Asa Bird Gardiner OF New York, who Ap-
peared for the protest, said In opening that he
had not been served with the answer Of the
National Democrats yesterday as promised. but
It had been served last evening on Mr.. Dolson,
q member of the Democratic State Committee
he had been compelled to hastily draw an
answering affidavit while on the train on his
way to Albany. He would. he said give his
answer, therefore. in rather unsatisfactory
form. to be completed later for fillng. Col. Gar
diner then read his affidavit of rejoinder. and
afterward took up his argument He insisted
that the use of the word National" necessarily
comes to n party OF long standing. thoroughly
organized throu shout the United States. The
word In this instance waA used by one Of those
side shows which are alw lys detrimental in the
affairs Of Government, and the use Of this word
National" the Colonel thought, should accrue
to the party longest established. This side show
had barely polled enough votes at the last gen.
eral election to permit 1t place as a party He
insisted that the name 1t was using was sub
stantially the same as that OF the Democratic
party, and that 1t was In ended only to deceive
voters. such use of . name was prohibited by
| the statutes.
J. w. Eaton Of Albany. representing the Ma
tionsl Democratic party. said that the only quss-
| tion was whether the Democratic party reform
organization had the right to change its name,
and whether the name conh!cted with the name
| of any other party. He then read an affidavit Of
| Chairman Robert A. Widemann of the State
| Committee of the National Democrats, which
substantially covered his argument This an
| swer In part says that the National Democratic
party OF this State is in all respects the same po-
| ltical party which wa. designated and known
at the election OF ls9+-5 as the Democratic
Changed At a state Convention Of the pa rty held
| in Brooklyn in Sep:em Der last. The party name
Is 600 10 Sot. elsse b g tas UaSs
| The persons named in the certificate hlcd by
said said party were duly and lawfully nominated.
1854. SO, and 80 it was regularly aud fully
| organized and acting as a political party of the
State Of New York. The party in all respects
| was the same after before Sept. -, lS96 ex-
cept only that 6y resolution adopted It's name nan ne
within the state Of New York for nearly a century
is in the IL law as the De@ocrstt % party # The party
in the State of New York now known aa the
cessor Of the party which. from about the year
1892 for about forty years, was known as the
mated as late as the years 1920 to 1880. From
a time prior to the said last mentioned year
until RECENTLY It has been known as the Demo
|
been known the National Democratic party.
In or about the year 1928 party was organ
had been members Of the party then called
tEe Republican party. and such party so or
ganized officially designated and known
as the National Republican party. As
such it nominated candidates fgr President and
Vice president of the United states. AS am
informed and believe it was not then supposed.
nor has it since been supposed. that the name
could oe contounded with the name Repu bIIcan.
The name National Democratic partSis sub
Democratic party. The party name and poltti:
cal designation adopted in the certificate OF
party is not calculated nor intended to deceive.
nor will It deceive voters, Nori the Democratic
nor has II ever been entitled. to use the naro
National Democratic party"
Nr. Eaton. in conclusion, directed the atren-
tion of the Secretary to a decision given By the
Iowa supreme Court unfolding the right of the
name. ander c.rcumstances similar to those now
under consideration.
! Col Gardiner oFieny answered MT Eaton Al
legtng that there could be no doubt OF the Va
tional Democratic party's intent To- deceive
voters. He went somewhat into details. show
| ing that the National Democratic party had
held regularly constituted primaries. and
that it was well known to be in existence merely
for the purpose OF accom- plishing the defeat o
the Democratic party. He argued that the Sec
-etary should not give couutensnce to such an
organlzat.0n- The decision now would have
bearing on future elections. AL its state Con
vention in Syracuse the party had had no repre-
seutation from fifteen counties in the State.
Mr.. Eaton and Col. Gardiner had a little good
natured controversy az tn which uarty, the y a
rionaI Democratic Or the DaGforth reGula
, organization. was entitled to he considered a:
the defender of the true faith from Democratic
standpoint Nr. Eaton contending that the true
ark OF the Dem ocracc covenant WAS betnI
guarded by the faithful whom he represented.
d" 1t could not be intrustst." he :atd. 70 thos'
who took advice from BRYAN, Tom Watson
TillmRn AltHed and the devil"
Secretary Palmer vas asked hy Col Gardtne
for a speedy decision on the protest, and said b.
would try to decide the matter without delay.