The Washington herald., 1908-01-13

The plans Of the Ohio managers of Will
lam II. Taft's candidacy for President
received a serious jolt yesterday by the
announcement that the subcommittee Of
the Republican National Committee had
given an opinion that the proposed pri-
maries TO elect district delegates TO the
national convention were Illegal.
The case came to the national commit
tee from the Eighteenth Congressional
district of Ohio, where the Taft commit
tee, which is under the control Of Repre-
sentative Kennedy. Of that district. had
actually issued a call for primary cleo
tons TO choose two delegates 70 the na-
tional convention.
y B. Anderson, q Foraker adherent.
raised the question as 10 the legality Of
the proposed primary by calling on Elmer
Dover, secretary OF the Republican Ma
tional Committee. for an opinion as to
whether under the call issued al the last
meeting Of the national committee in
Washington the proposed primary plan
of choosing delegates would be legal.
Dir. Dover referred the question 10 the
committee on call. composed of three
eminent awyers-Frank S. Streeter. of
New Hampshire; Frank 3. Kellogg, of
Minnesota, and John W. Yerkes, Of Ken
tucky. The first two are understood 10 be
Taft men. while the latter is anti-Taft.
In his announcement given TO the press
last night. Secretary Dover saws he has
received replies from two members Of
the committee, and both hold that the
primary plan Of electing delegates Will
not be legal.
Mr.. DOver's Statement.
His statement is as follows.
Several requests have been received
at the Republican National Committee
headquarters for a ruling as TO whether
OF not, under the provisions of the call
for the national convention and the Ohio
election laws. district delegates and al
ternates from that State can be elected
by direct primaries. No one mas au-
thoTity TO interpret officially for the com
mittee any State laws. or the call. and
no opinions could be given which would
in any way bind the committee or the
national convention.
However for the guidance of the Of
hcers of the committee in replying 10
these and other requests for information.
the legal question involved was sub
mitted TO three distinguished lawyers,
members of the committee. Copies Of
Section 2916, Of the Ohio statutes. and Of
the call, were submitted to them with
the request that they give their opinion
on the issues raised.
Two Of the three express the opinion
that under a strict construction of the
statute referred TO, district delegates and
alternates to the national convention can
not be elected by direct primary. The
third has not yet given a final or definite
opinion"
The two lawyers whose opinions were
received were Mr.. Yerkes. of Kentucky,
and Mr.. Streeter. of New Hampshire Mr.
Kellogg has not yet replied.
While the opinion is not binding on
either the national committee or the ma
tionaI convention. il is the opinion Of
those in a position to speak for the Taft
managers. that II will put an end To
further efforts in Ohio TO choose district
delegates TO the national convention by
direct primary plan.
The Taft adheTents do not conceal their
great disappointment on account of the
decision
Foraker is Pleased,
Senator Foraker expressed the opinion
last night that the decision of the two
members Of the committee on call was
entirely in accord with the law. as he un-
derstood IT, He declined to discuss the
matter further. but seemed TO be very
much pleased with what had happened.
Il appears that under the former State
primary law Of Ohio, known as the
Baber law of 1870 the election of dele
gates at primary elections was allow
able. The Baber law was repealed a
few years ago by the enactment of the
present direct primary law known as the
Bronson law. Until the question was
raised recently ii was generally believed
that district delegates should be chosen
by direct primaries. The language of the
Baber law had been copied verbatim in
the more recent primary law. but a
close examination OF the latter statute
developed the fact that either by acct
dent or design the word district had
been omitted, and that while delegates
can be chosen by direct primaries IL
cities. towns. counties. or municipalities.
the word district" does not occur In
the amended statute
The effect of the opinion viii not
change in any way the call that has been
issued for primaries to be held February
il, to choose delegates to the State con-
vention, which VIII in turn. elect four
delegates at large TO the national con-
vention. The regularity OF that call is
not involved in the question presented to
Secretary Dover.
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