The Montgomery advertiser., 1902-04-20
 JlIDCE JOHN 6. WINTER DISCUSSES POWER OF THE STATE COMMITTEE

ries." Not word Is said about estab- fishing primaries" and it must there fore be exclusively presumed when the whole context Is considered. that the res olutions refer to the mere regulation oi primaries then usually resorted to, or adopted in the various counties. Ana 10 strengthen this view. Section 3, IL VIII be observed. provides That whenever any norniir If a regular Democratic convention of this State shah refuse or vention. that all Democrats are absolved from supporting him." and provision is also made to nominate others m lieu of them thus refusing What strange for such nominees of q ''State primary '' If at the time of the adoption or these resolutions. the convention had In con temptation the provision for state pr1- further sustain my contention that these resolutions referred only to county prf- marie s to bS held according to party usage then existing, I refer to Section q, which gives to the committee of the party of the territory affected the authority 1 to declare wlo Is the regular nominee, whenever any contest as to any nomt. nations shall arise after the adjournment of the nominating convention, or after the result of any primary has been de- clared."
 When we bear fin mind, the conditions existing. the general spirit of the times. the prevailing sentiment of the party, the purposes to be attained. and the objects to be effected; that these resciur:ons were passed. away back in 1892, and that leg isladve powers cannot be presumed; all of which must be considered iu their con- struction; 'tis folly 10 suppose that at such time. when the eradication of the negro vote had not been accomplished; {; when to the Black Belt'' the party had to look for it's very existence. s"State primaries were ever dreamed of by this State Convention of the Democratic par. ty. Such an idea Is certainly not ex- pressed in my word. syllable nr clause Of these resolutions. Is, as may be cont end- ed, by implication. we seek in vain for such construction, when we must also bear in mind that to adopt the State authority of these resolutions would necessarily and by implication repeal the established law of the party ss to rep resentation on the population basis. Such repeals are not favored and never per- mitted If by fair and reasonable con- struction of later and the former law. the two can be reconciled, and field of operation can be given to both. It cannot that by necessary implication. the con vention which adopted ,he ''rompkins resolutions ever intended to confer on the Executive Committee. the legislative power to repeal the system of represent alton in our State Convention on the pop uIation basis. With every presumption, therefore. against such implied power, the committee should be sure of such power. before it assumes to exercise 1t. Aside from this, and admitting for the sake of argument, that this power is
 vested. l submit that the contemplated change Is too radical for a mere com mittee to deal with The people in con- yef'tion assembled should be first heard :ron. Ina zinc. as it must ne ccssarily follow. candidates for the SupremS bench as well. stumpng the StIte 10 secure their nominations. and thus bringing the judicial ermine Into the slums cf the po-
 itlcal arena, to be perhaps tainted with the practices of the ordinary political trickster. Those most pi onounced against the so-called "hossism'' of the Black Belt are in many instances the strong est advocates of the powers of the Ex- | ecutive Committee: and~ many of whom have been loudest in condemnati ton of its arbitrary methods" are now howiing
 vociferoIslv to make it usurp powers
 which do not exist-forgetful of the fact
 that to the Black Belt' have they so often in the past appealed, and that to | these appeals. no deaf ear has ever been l turned; and, further. that notwithstand- | ing all this raunted power of the Black | Belt the distribution of the patrona go | has always been more than just to other | portions of the State. They are even un- | mindful of the dangerous precedent they | seek to establish, which may return to l lash them. either in the halls of Con- gross or ln our NduCn nal conventions. g. | Imagine what iigure our Southern | States would cut in our national conn l sels. If shorn of their power as now ex- crted on the population basis. Let us not aid in self destruction,-in the destruc- ton of our offspring the new Constitu- | tion-hcfore we have given it triai. | Many. many wise honest and just men | like yourself are advocates of the pro-
 posed primary plan. but wise men | sometimes do unwise things. Tn my hum ble Judgment. you fall to see the hand | writing on the wall" and that you are but playing into the hands of many of
 those who not only opposed, but are now conspiring to destroy the new Constitu- tion, and thus as they hope, to again ride into power over the ruins they seek to accomplish. sweet morscl for all such to hereafter exclaim, ''I told you SO" You. MT. Editor. as we'll as many who are following in your lead, would not knowingly contribute to all this. nor would you desire to see plurality nom- inee prevail who might, and in all prob ability would be- the weakest in the race. It may be that in time we shall be prepared for State Democratic pri- maries" but not until we have "cleaned the Augean stables" have become sure of our footing and taken the proper steps for protection against fraud. It is not that on these questions, I fear to trust the true and tried white Democrats of this State, but I do fear is enemies who in the event of division may wield the balance of power. "'Tis well to be on guard tonight"
 Yours truly.
 Jno. c. Winter.