Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-08-31
Governor Cummins in Special
Message Points Out Necessity
of Session
is FAIR TO BOTH PARTIES
Session Not Called, He Says, in Inter-
ests Of Republicans EspeciaIIy-Te,Is
Legislature It Must Elect for Short
Term or Vacancy Must Go Untitled
for the Present. -
pecial to Times-Rspublican.

Special to Times-R spublican.
Des Moines, Aug. Ex-Governor
Cummins, in his message to the spec
ial session of the Iowa legislature, con-
vened here today, urged the import
ance of amending the primary law so
as to permit the republicans to make
the nomination for senator this fall
He pointed out the duty of the legis-
Senator Allison for the short term,
and that If it fails there can be no
senator until the next legislature elects,
as his power to appoint has passed.
In his message to the general as
sembly this afternoon Governor Cum
Minis did not recommend any special
form in which the amendment to the
primary should be made, but suggested
that 1t be general so as to apply to
all political parties under like circum-
stances, and that all republicans and
none others should be allowed to vote;
that the expression be taken at the
November election to avoid the ex-
pense of special primary, and he
says that:
What is Republican,
When you have answered the ques-
tion what is required to be republic
can, you will have discovered the test
that should be applied. 1t is generally
believed that there are in Iowa more
than 100000 men belonging to that
party. Not one Of them should be
excluded from the privilege nor should
any others he entitled to it."
The governor stated in his message
that he considers the failure of the
primary to provide for the conting-
ency that has arisen, coupled with
the death Of the candidate an extra
ordinary occasion within the meaning
Of the constitution; that the increas-
ing difficulties Of government. the SUI
preme necessity of inspiring confidence
In the wisdom of the laws, have grad
ually established the policy in west
ern and southern states Of taking a
primary vote on senator; that the
attempt of congress TO regulate cor
porations is as yet but experimental
and incomplete; that the legislature
select their candidate for SENATOR but
that the selection of one party has
been removed by the hand of death,
and either the members of that party
for six years are to be denied the right
of selection by primary or the general
assembly must amend the law, and
that he has unhesitatingly decided that
the welfare of the people demands the
extra session and amendment of the
law.
Not for Party Advantage.
The governor denied in his message
that the special session is for the ad-
vantage of one party, and said that the
democratic party is just as much con-
cerned in preserving to the voters of
the republican party the right to select
their senatorial candidate as Nthey are
in preserving it to themselves. He took
firm stand against the original plan
of allowing every one to vote on sena-
tor regardless of party utilization, and
held that the nomination of the panty
candidate should be held strictly to the
party members. He pointed out that
ait some other time the vacancy might
occur in another panty and that there
fore the amendment to the primary
election law should be general in Its
scope.
Points to Constitution.
On the existing vacancy in the SEN
ate the governor stated THAT a great
deal of the discussion in the state has
been carried on without reference to
the law. He then quoted section s,
paragraph 2, of the constitution of the
United States, which is: "And If a va
cancy happens by resignation or other
wise during the recess of the legisla-
ture of any state, the executive thereof
may make temporary appointments
until the next meeting of the legisla-
t,rre, which shall then fill such vacan-
cy."
The governor said had he made an
appointment it would expire with this
meeting of the legislature, and that If
it should adjourn without filling the
vacancy he would have no power then
to appoint.
And the governor further quoted the
act of congress relative ito fthe time
and manner of eleoting senators as
follows:
"Whenever on the meeting of the
legislature of any state a vacancy ex-
lists in the representation of such state
in the senate, the legislature shall pro-
ceed on the second Tuesday after meet
ing and organization to elect person
to fill such vacancy in the manner pre-
scribed in the preceding section for the
election of a senator for a full term"
No Line on Action.
Thirty or forty members of the leg
islature called upon Governor Cummins
during the forenoon at his office and
there lengthy discussion of the
problem was had at that time.
Most of sthe members of the legis-
lature. had reached the city by noon,
tho they were slow in arriving 1t is
betns suggested today that the lesisla-