Delaware gazette and state journal., 1899-04-27
THE PRIMARY LAW STANDS
The Proposed Xandamus Proceedings
Hare Been Abandoned.
LACK OF TIME GIVEN AS A REASON
How the Democratic County
Committee Figured.
wHIIEMARs OPINION HELD AS SOUND

The recently proposed mandanuS
proceedings to compel the Department
Of Elections to open the primary books
to all registered voters will not be
brought. Martin E Smith, one OF the
attorneys who have been working on
the matter, told reporter of The
Gazette Thursday morning that there
would not be time to get hearing
because the court is too busy. 1t could
not be brought until after May 9Th,
which is the day set apart for the re-
vision Of the registration.
As the Democratic primary election
is 20 be held on May 18th there would
scarcely be time enough to accomplish
anything il the proceedings we're
brought. Then. too, there would be
danger of harm to the party by reason
Of the legal dispute.
A Joint meeting of the Democratic
county executive committee and MEM
bers of the city executive committee
was held yesterday afternoon week. Ii is
understood to be the feeling of members
of the committees that ]. Harvey
Whiteman's opinion on the question of
who has the right to vote at primaries,
is undoubtedly good law. Mr.. White
mans opinion held that only those
registered last August can vote at the
primaries.
Candidates for nominations on the
Democratic ticket must file their names
with City Chairman Kane on or before
May I'd. That is IL days before the
primary election. Unless names are
filed within the limit fixed they cannot
be placed on the ticket.
HOW IT HAPPENED.
At the meeting of the two committees
yesterday week, the county com
rnitteemen asked the city committeeman
whether they had instructed attorneys
| to prepare mandanus proceedings.
They replied that they had not.
A question arose as TO why the city
committee had adopted the resolution
| announcing that ii had been informed
| by counsel THAT the purpose, intent
and effect of the primary election law
| is not such as contemplates the ex-
ciusionn of persons who registered sub
sequeut to the August registration
days, and resolving that counsel be in
structed to secure mandamus.
| Upon this point the explanation Of
the city committeeman indicated that
| they had been misled into believing
that there was real ground for the con-
tention that there was sufficient law n
permit all registered voters TO take part
In the primaries. As the members Of
the committee were entirely willing
that such privilege should be allowed
20 all, they endorsed the resolution.
Since then, they have come to believe
that the foundation for the proposed
mandamus was of the fimsiest de-
scription.
The explanation Of the city commit
teemen was satisfactory to the repre-
sentatives of the county. As conse.
quence of the conference, commit
tee. 1t is said, was directed to notify
the attorneys to desist.
1t will be recalled that one of tbs
alleged grounds for opposing j. Harvey
whIteman's opinion to the Department
of Elections on the subject of the pri
maries, was the implication that tn,
Constitution provided who shall vote
Mt any election, primary or general
This may be quickly disposed Of by th'
statement that the Constitution makes
absolutely no provision for primar.
election for municipal purposes: tha
primary elections are held under statut'
only.