The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-04-14
COM MITTEE HAS
NOT THE POWER,

To the Editor of The Age-Herald;
Replying to your request for my views
on the question of a State primary, l am
much reminded Of an occasion when a
certain judge told me he would hear me
on certain proposition. but that he had
already decided it In his mind against
me. L am also reminded of your gentle
insinuations that he who takes the oppo-
site view of this question is certainly
most unreasoning man, and politician.
However, really believe you wish a fair
and impartial discussion, and therefore
give you my views in which have tried
to be fair and in which L am certainly
actuated by no other motives than that
OF doing what is best for the Democratic
party and the State of Alabama
This question Is Invisible into three
parts, and should be so discussed, namely:
l. Has the State Executive Committee
the power to order a primary?
Z Is this power so clear and explicit
as to leave no doubt or room for construc-
ton?
3. If the power exists, is it opportune.
or to the best interests of the Democratic
party to call State primary at this
time?
Discussing these questions consecutive
~ snail assume it as conceded that the
power to determine it originally resided in
the State Convention. No one will deny
or take issue upon this proposition II
therefore, the State Convention possessed
this power, has it ever parted with IT or
conferred it upon the State Executive
Committee? If not, then the whole oues-
tion fails, and no Democrat, having the
good or the party at heart, would even
agitate the proposition or gest that the
Committee order a prima 1t Is also
true that the State Executive Committee
is the creature of the State Convention
1t cannot be greater than its creator: IL
cannot have or exercise any power which
It does not derive from the Convention
itself, and all power not so delegated is
reserved to the convention. If this a1l-
thcrity has ever been specifically, or by
logical Inference conferred when was it?
The advocates of the primary place their
whole contention and rest their entire
case upon what is known as the Tomp-
Ems resolution passed in 1892 and which
reeds as follows: ''Second-To nroI,ida
such rules in respect to the primaries as
VIII insure a fair and full expression of
the Will OF every Democrat, and give 70
each one his due and proper influence in
the seiection OF Democrats and candi-
dates"
primary carries with it the idea of q
vote direct for the candidate withou+ the
intervention of delegates. The COMMITTEES
Is given authority to provide such rules,
ETC. as to give each voter his due and
proper influence in the selection of-what?
CandidaNs only? No, but DELEGATES
ana CANDIDATES. Does this then
clearly mean that it was the intention of
the State Convention to confer upon its
own creature the power to abolish abso-
lutely the thing which created it? Or
ola it mean to say that hereafter in Sc
lecting delegates to State other con-
Nention, the Committee was given au-
thority to provide such rules as would
give to each one his due and proper in
f1uence in such selection. Again, the COM
:nittee is given authority 20 provide such
rules, etc, as will give to each one his
due and proper influence in the selection
of delegates and candidates, rot delegates
or candidates. Does ii not follow, there
fore. that to order a primary and "a vote
for candidates only, would be to deprive
under this clause, a voter of his right to
vote for delegate at all? Is the mean
ing therefore clear and explicit? Was II
the intention of the convention to aboI-
ish Itself under any conditions? If So
why not have made some provision for
the government Of the Committee in or
dering primary in such event? Ample
and explicit provision was made as to
future conventions The fourth clause of
the Tompkins resolution gives the Com
mittee authority to provide for uniform
primaries in all the county as to the
election of delegates to s