New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-22
AN IRRESPONSIBLE POWER.

Justice Beekman In the Supreme Court yes
terday denied the application OF Lowell H.
Jerome for an injunction to prevent the repre-
sentaton In an Assembly district convention
of an election district association which by the
party constitution Is barred from representa-
ton In any convention. This decision was I'm
mediate and based on the law. Concerning the
district In question the constitution Is explicit
and the violation patent. Every possible step
had been taken by Mr. Jerome to secure hear
ing within the party organization, and only
when every effort had failed to induce the or
Ranization authorities to pay some regard to
their own constitution did he ask the courts to
hold them responsible to the fundamental law
under which they profess to exercise the right OF
speaking for Republican voters and perform
ouas-governmental functions under the ballot
law. The injunction was refused because the
Court could not discover its right to enforce
obedience to party law upon the officers OF
political party.
Justice Beekman was apparently fully war
ranted in coming to that decision by the opln-
ions Of higher courts pointing In the same direc-
ton Probably those who made the application
expected no different result. Certainly every
person working for primary reform and adc-
ouate safeguards for individual political rights
has reason to rejoice that the utter irresponsi-
bity Of party leaders Is thus judicially deter
mined. The Court Of Appeals in the matter
of Fairchild went far In throwing upon the
supreme party authorities final Judgment on
questions Of regularity between rival factions.
But Il did not exactly cover this case. Here
was not a question Of reviewing the Judgment
Of a supreme party tribunal Of recognized au-
thority. but Of preventing party officers from
proceeding In the construction Of party or
ganzaton Illegally, In violation OF the consti-
tutional rights guaranteed to individual men,
bers. Success in this illegal woik tends to the
erection of false tribunal at the top, 30 that
fhe very body to which the matter at issue must
be finally carried is constituted out Of the wrong
for which redress is sought. The single act
Of Parliament ever declared unconstitutional In
IN English court was one which came before
Hobart in the time Of James |. making man
a fudge In his own case That fundamental
principle Of Anglo-Saxon law Is nullifed by
the condition of the statutes governing political
parties In this State, when the wrongful con
stitution Of a party tribunal cannot be stopped
Thus the case presented to Justice Beekman
Law back of that In the matter Of Fairchild
Unless the individual could enforce his rights
at the beginning. he was ever afterward power
less in his party. The decision Of Justice Beck
man showed that he could not enforce those
rights as against any act OF his party leaders, nc
matter how unconstitutional or unjust, pro
vided It did not conflict with the few specific
provisions Of our inadequate primary law.
Since this Is the situation, II Is well to under
stand Il. We have by law placed In the hand.
Of party organization power without exactine
responsibility. II the party leaders can violat,
one article OF their constitution they can vic
late all Of them. and rob the voters Of all voic'
In the party. Though the ballot law gives
them certain powers on the theory that the,