New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-27

SUBMITTED TO GOVERNOR BLACK RE-
GARDED AS RADICALLY WRONG
ALTERATIONS AGREED TO.
Senator Frank D. Pavey yesterday made the
following comments on the Primary bill sub
r,,,tA5 by Elihu Root TO the Governor on Wash
,reton's Birthday:
The Primary law drafted by the special com
-oittee Of the Union League Club, and suisse
ouentlv extended and modified on consultation
With the SUBCOMMITTEE Of the Committee OF
riftv-three and with independent Republicans
IN the LEGISLATURE. in its present form may still
have many minor defects. They can all how
ever be satisfactorily corrected. 1t embraces
many II the ideas which have already been pre-
sented in bills by Senator Brush Assemblyman
Hi. Of Buffalo and others OF US which have
been developed through our years Of attention
% the subject On the whole feel that 1t now
gives promise Of becoming an excellent measure.
There were TWO points in the draft. when sub
rnitted by Mr. Root 10 the Governor, on which
thought it radically wrong. I have urged
changes on these points which have been agreed
TO- They were
"First-The bill provides That In every con-
vention there shall be either prescribed num-
her of delegates for each unit Of representation,
ny the delegates to such convention shall be ap
nortioned among such units Of representation as
nearly as possible upon the basis of the number
of votes cast therein for the party candidate for
Governor at the last election
This provision permitting a prescribed num-
her Of delegates from each district would enable
the present Board Of Police Commissioners in
New-York City TO divide the city into cleo
lion districts in such way that the Republican
machine could always control the entire party II
II could secure the control Of from one-fifth 10
~,
nower would be given to the Tammany machine.
The only reason for the insertion Of this provi
sion given TO me Is that it is the system which
has long been in vogue in the Democratic party
In this state The methods by which Hill. Shee-
han Murphy and Croker maintain control Of the
Democratic party are not admirable that they
should be perpetuated in the statute law Of the
state and made lawful for the Platt machine TO
ADOPT There is one basis Of representation in
conventions and only one. which is fair and just
t. the individual voter. and that IS that the rep
resentation In every convention shall be based
and p~0pOrti0red upon votes cast for the party
randidate for Governor or President II is quite
good enough for the Republican party. and
ought 10 be given % the individual members OF
the Democratic party. whether the Democratic
machine wants IL or not. There is no justifca-
,,on for the adoption Of any other system in the
law q the state. and no other system is entitled
second The bill purported 70 give every citi-
any persons charged with the performance OF
duties under the law This provision was as
follows In addition thereto. the supreme
Court or any justice thereof within the judicial
district or any county judge within his county,
shall have summary jurisdiction. upon com
-iairt % any citizen. 10 review such action or
neglect; and TO make such order in the premises
&c tustice may require This is almost Verba-
fin the language Of the present election law. 1t
was not worth the paper it was written upon
The Court Of Appeals has decided that under
this language the determinations of the state
Committee settle all such questions, and that
determinations Of that committee are binding
upon the courts. This decision was rendered
~ the recent contest between William /. Ward
ana Ben l. FairchilG. in which BENJAMIN F.
Tracy appeared as counsel for the machine. ]
have submitted the draft Of a section TO the
committee which the Judiciary Committee Of
the Senate agreed would nullify the force and
effect Of this decision"
Paul y Crsvath behalf OF the Union
league club committee said that his commit
to regarded Senator Paveys two criticisms OF
The first draft ~ their measure as well founded.
and that in the next proof the measure would
b. corrected in both those respects.