Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1906-11-13
CHAIRMAN FUNDERBURK
ON THE NOMINATION
OF UNITED STATES SENATOR
JOSEPH W. BAILEY.-THlNKS
1T is GENUINE.

Since the beginning oil the Balley
controversy, the proposition thai
Bailey is not the nominee of the
Democratic party for United States
senator has been so repeatedly ad.
vanced, that as the head official OF
the party organization in this county
| feel like discussing the question for
the benefit of those who may be in
doubt and those who l think are in
error. | proceed on the assumption
that this is an honest contention.
The statement has been made that
there is no law for the nomination of
United States senators. This state
ment has been accepted as correct by
many without a proper examination OF
its truth. Many take it that if this
proposition is true, then Bailey is not
the nominee. | think l can show that
the proposition is not true, and that
if it were it makes no difference.
In the first place it is wrong to as
sumo that if the law does not ex-
pressly provide for the nomination of
senators there can be no nomination.
Until very recently there has been
no law for the nomination of any can
didate The law has undertaken to
provide the method of nominating
certain candidates Who will con-
tend that it was not within the prov
ince of the legislature to regulate and
provide a method for the nomination
of certain candidates and omit to
provide such regulation and method
for the nomination of others? The
law does not create the right of a
party to nominate it's candidates; the
law limits, regulates and restricts
the already existing right. If the law
has not undertaken to provide
method for the nomination of SEN
ators, then it follows that the party
is not restricted in the methods it
shall employ; but any method it may |
adopt will be valid and binding. We
look to the law not to ascertain if we
have the power of nomination, for
that has already existed as a matter |
of fundamental right; but we look to
the law to see if that right has been |
regulated and restricted in any man
ner. Then, if as some contend, there |
is no law on the subject, that argues |
nothing against an attempt of party |
to nominate.
But If we go to examine the law
we do not find 1t silent on the ques-
lllsA 2 ! IN States sen i
ators Had the Legislature not wished
to regulate or restrict a party in the
of such candidates, 1t
might well have done so and have
been perfectly silent, unless it made
some broad provision intended to
cover other cases, but so broad as to
cover the nomination of senators.
And this was the case. 1t was deemed
wise to restrict the matters that
might be printed upon the official bal
lot for a party primary election. This
provision was SO broad that it would
have covered the case of United
States senator unless specially ex-
cepted. This provision is in these
words: Section 124: No official bal
lot either for primary or general
election shall have on it any symbol
Dr. device or any printed matter ex-
cept that which is authorized by law,
and no ballot cast in violation of this
section shall be counted for any can
iidate." If this were all of this Sec
ion, and it had been left thus. it
would not have taken away the right
Of the Democratic party to nominate
1 senator, but they would have been
'orced to adopt some other method
han the regular primary election:
because there would have been a DOS
tive prohibition to putting his name
IN the ticket But the legislature
while seeming not to wish to throw
around the nomination of a United
States senator all the restrictions
thought TO be necessary in the case
Of other candidates, and at the same
lime not wishing to bar a party from
making such nominations on primary
election day along with it's other can.
1idates, follows up the portion of sec.
ion 124, quoted above, with this pro.
Vision: Provided, that rne executive
of the party for any coun-
y shall print on the primary ticket
he names of all persons whose
names, not less than thirty days prior
o the day of the primary shall be
'equested TO be printed thereon as
candidates for United States senator.
md the executive committee shall
to each nominee of the party
or state senator and representative
'oted for by the others Cvoters) of
such county certified statement of
he vote cast in the county for each
such candidate | am prepared TO
a 70 of fn1I