New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-15
THE RIGHT OF PARTY CONTROL.

"AAA 1880
agement and inspiration in the decision when
tho Court Of Appeals has just handed down IN
the case If NJ. J. Coffey of Brooklyn, against
tho Democratic Committee of Kings County.
Tho decision will stand a landmark on the
road toward the restoration to the electors OF
Iong lost nolitical rights. 1t would be calam-
itv if the community should fail to comprehend
the importance of it. About year ago senator
Coffey. who had been elected under the pro-
visions of the primary law to membership III the
Kings County Democratic Committee, reIuSeu
10 support J. MorriSsey Gray for some ONCE
for which he had received the Democratic
nomination. On account of this refusal the
Senator was expelled from the committee he
Immediately applied to the Supreme Court LOT
writ Of mandamus compelling the committee to
restore him to membership. The Supreme Court
decided in Senator Coffey's favor, but the APP
pelIate Division reversed the decision. On FUR
Their appeal the Court of Appeals directed that
the decision of the lower court be affirmed, re-
yersing the decision of the Appellate Division,
and that the writ of mandamus issue, thus
compelling the committee to restore Senator
Coffey to the place TO which he had been regu-
larly and legally elected by the voters of his
party in his district
The direct effect Of the decision upon Senator
Coffey's fortunes is Of slight Importance for his
membership in the committee will expire in
January, and his successor has already been
chosen; but this is of little relative consequence
By the decision IT has been established that
machine members in a committee, though
majority, cannot drive from its counsels an
opponent of the ring who has been legally
chosen at primary; in other words that the
law will protect the will Of the voters not only
when expressed at a regular election but also
af a
of party control and management
! A general review of the work of reform look
| ing toward the purity of the ballot and toward
not alone the protection of the expressed will
| Of the voters, but also toward giving to the
| voters an opportunity freely to express their
WILL will show that, despite obstacles and dis
| couragements, great steps in advance have
been taken within less than a generation. The
real work of reform may be said to have begun
| in 1890, when secret balloting and the prepara-
| ton and distribution of the ballots at public
| expense were provided for. Before this re-
! formatory legislation had been directed chiefly
| toward the prevention, by systems of registra-
ton, Of colonization and repeating frauds The
act of 1890, instituting the voting booth, pro-
hibitlng electioneerIng within one hundred and
fifty feet Of the polling place, and taking away
| from the party organizations and giving over
| to public control the printing and distribution
| Of the ballots, did away Immediately and for
| ever with many of the chief sources of fraud
| and corruption. While it did not completely
| establish the purity Of the ballot-for it's en-
| forcement could still be evaded and its provi-
| sions violated when lawless men were in charge
| of the machinery-it placed the purity of the
ballot within reach. Next came the separation
of the municipal from the State and National
| elections, another great step in advance brought
about by means of the Constitutional Conven-
| ton.
| Attention was now turned toward the regu-
| lation of the party primaries, for it was argued
that little practical benefit could be attained
even from the publication of the ballot if party
leaders were permitted so to regulate the nomi-
| nations to leave the voters no independent
choice. The first legislation on this subject was
in 1882, when law was passed, applying only
to the city Of Brooklyn, declaring to be crimes
certain acts committed at primaries such as
the false personation of voter, intentional vot-
ing without right. prevention of others from
voting and fraudulent concealment or destr11c.
ton Of ballots. This act was later extended To
the entire State and its provisions were en-
larged requiring the appointment OF watchers
the examination of the ballot box, the making
of official returns, etc. These enactments were
of beneficial nature, but it was not until 1895
was recognized to be of equal Importance with
the regulation of the election In the law OF
1898 and the amendments of 1899 however the
recognition of the principle was complete; the
conduct Of the primary by these enact
ments, in fact modelled after the general lines
Of conduct of the election. They provided fol
the enrolment of the voter, and the only exac
ton permitted precedent to his right to enrol
was that he should express an intention gen
orally to support the candidates of his party a
the next election. No inquiry as to his mas
political affiliations was permitted and If wa,
not necessary for him to promise support of any
specific candidate or list of candidates Booths
printed ballots etc. were provided for as in :
general election The dominant idea of tn,
sured of the opportunity TO express his wish 81
10 the control Of his party organization TIL,
plan was to permit the voters to construct mart,
organizations from the bottom upward instead
Of permitting leaders to construct them from
the top downward. Now comes the decision O.
the Court Of Appeals, intended to prevent tn
machine politicians from thwarting the will O
the rank and file of the party expressed in tn
primaries
All measures to free parties from bosses will
however, be OF little avail until men who car
for better government make up their minds Il
act intelligently through the means of tbes
preliminary contests. Leaders who are mer
tools Of the bosses, subservient committeeme,
and corrupt party officers must be overthrow