The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1904-11-17
Former Kenosha Man May Yet be
Elected United States SEN
at0r From Wisconsin
PEOPLE MAY DECIDE ISSUE.
Milwaukee Attorneys Hold That Selec-
ton of Senator Must be Conducted
Under Primary Election Law

henOSnd politicians are taking a
great interest in the reports that are
being sent out from Milwaukee to the
effect that the primary election law
will prevail in the selection of a
United States senator to succeed
Joseph V. Quar1es, and it is claimed
| that the chances of Senator Ouar1es
| being elected to succeed himself are
most hattering.
The administration leaders have
not accepted this view of the situation
but leading attorneys about the state
declare that the people of the state
will have the right to select the next
United States senator and that the
Legislature will have to be governed
by their decision.
| The points on which the attorneys
base their conclusions may be sum
married. as follows:
| Section rs of the act provides that
eff approved by majority of the
votes cast upon that question it shall
go into effect and be in for &c from and
after such ratification by the people,"
This ratification has taken place, and
the official canvass of the vote will
merely determine and provide evil
dence of the existence of that fact.
The act is put in force, not by this
determination, but by the fact of the
ratification and dates from such rat
ifca ton.
| Under this act there can be no. party
| candidate for the Office of United
States senator unless he is nominated
pursuant to the provisions of the
primary law.
Subdivision 3 of section 2 reads:
"Party candidates for the Office of
United States senator shall be nomi-
mated in the manner herein provided
for the nomination of candidates for
state Offices" The word 'ssha11''
means must
| This provision applies to the sena-
tor to be elected in January next, as
well as the senator to be elected in
January, 1906. Judging from the form
of ballot provided for in the act it
was contemplated that the senator
, should be nominated at the September
primary. The law, however, does not
so provide.
The September primary (section 8,
, is held for the nomination only Of
, candidates 'Eto be voted for at the
next November eIection,' and the
| case of a senator comes within the
second subdivision of this section
| which requires the primary for the
! nomination of any candidate who is
t not voted for at the ensuing Novembei
5 election to be held ''two weeks before
/ the election for which such primary
: is held
The election of United States sena
tors is held, or begun at least, at a
fixed date in January, which will fall
this,year on January "a, and this law
expressly requires the primary cleo
ton to be held at the time indicated
: for the nomination of candidate for
senator.
This is mandatory, and can no more
, be disobeyed than any other mandate
contained in the law.
vision for calling such primary, but
this objection is not entitled to weight
because there is no provision for the
calling of any primary except the
September primary.
II have been considering the ques.
, ton of the applicability of the pri
mary election law to the present sena
toria1 election" said Joseph B. Doe,
of Milwaukee, yesterday, in discuss
ing the question, 'and am firmly Of
the opinion that there can be no party
candidate for the office of senator I'M.
less he is selected at primary, held
| under the term of the new law.
"The new law is in force. Under
its own terms it provides that it shall
be III full force and effect from the
time Of its adoption by the people. Il
| also provides in terms that candidates
for United States senator must be Sc
Z lected at a primary election, in the
: same manner as state officers. It does
not say, however, that they must BIZ
selected at the September primary. Ir
AnOl, Liz OCPtCuOSI primary explicit
1y is declared to be for the purpose OF
nominating officers to be voted for al
the election in November following
The senator is not elected at the No
vember election, but is chosen by the
legislature in January.
Therefore the portion of the stat.
ute providing for primary election
for other than the November elections
applies in this case, and must be
called at least two weeks before the
date set for the legislature to begin
its ba11oting for senator.
II ST do not see how the law can be
held to apply to the senatorial election
of 1907, and not to the election which
is now approa ching. If the primary
election law is ever to be in force it is
in force now. If it ever is to apply to
the election of senator it is to apply
at this time. There is but one con-
clusion to be reached in the matter,
and that is that a primary election