Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-07-29
HAVEN'T THE RIGHT.
Secretary Of State Fessenden's
Opinion Of the Situation.
Believes Democratic State Committee Can't
Nominate Candidate.

heHntDtc
notice in this mornings Journal un-
der the heading "A Lively Time in Store
for Maine Democrats etc, the following:
THE situation becomes more inter-
esting from the fact that the State
committee undoubtedly have the right
to name Il candidate for the position
made vacant by Mr.. Winslow's with
| drawal."
Possibly it may be temerity upon my
part, but l certainly doubt the right.
of the State committee to name a can
didate in place of Mr. Winslow, under
| the law.
In my opinion there is no such va
| cancy' as the law contemplates and
Mr.. Winslow has never yet been
a candidate in the sense that the
law intends.
Sec. of amended law reads: I'm case
candidate who has been DULY NOM
MATED UNDER THE PROVISIONS
OF THIS ACT shall die before the day
of election, or shall withdraw in writ
Jag, the vacancy may be supplied by
the political party or other persons
making the original nomination in the
manner herein provided, or if the time
is insufficient therefor. then the va
cancy may be supplied if the nominal
ton was made by convention in such
| manner as the convention or caucus
| has previously provided for the pur-
pose, or i'm case of no such previous pro-
vision, then by a regularly elected
general or executive committee repre-
sentinG the political party or persons
holding such convention or caucus"
| AS | understand this section. a duly
nominated candidate" is a man who
has been named in a convention and
who has filed his certificate of nomina-
ton with his written acceptance in. the
office of the secretary of State in accord
ance with the law.
! A man who has been named in a
convention is simply nominee of the
| convention up to the time of filing his
certificate and acceptance in this office.
| vacancy" in the case of a nominee
is not vacancy in case of a candidate
| To be a candidate" since the passage
| of the Australian Ballot Law, requires
| something more than was the case I'M
! der our old customs. There must be
not only the act of the one side-the
| nomination or naming by the conven-
| tion-but also the act of the other side
| the certificate and written acceptance
| filed in the place designated by law.
To withdraw in writing" means to
withdraw his name as candidate"
| from the nomination register in the
| office of the secretary of State-not to
| refuse the honor rendered by conven-
ton. by a letter addressed to the nomi-
mating body or its officers.
This register is provided by law, and
| it or the certificates and acceptances
| only can show who the candidates"
| are
If party conventions can be held by
| four parties in one hundred and fifty
| seven electoral districts, can name can
| didates, and then when such named
| candidates afterward refuse COM
mlttees can supply, the pro-
visions of the law are rem
dered void, candidates" are creatures
| of committees, and this office cannot
| tell who are candidates and who are
not.
There is sufficient time for a conven-
! ton of the Democratic party of this
State, prior to Aug. s, and in my way
of looking at the law 1.-The State com
mittee" cannot name candidate.
| You will pardon me for venturing to
| doubt, but as the doubt is an honest
one, perhaps the best course is for me
to express it. because if l am correct
in my understanding of the law, your
| Interpretation might cause greater
| trouble than now exists.
Yours respectfully,
NICHOLAS FESSENDEN,
Secretary of State.