The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-04-11

, his entrance fee the pledge only re-
quired the voter to support the nomi-
nees of the primary at the June cleo
ton; and that, therefore. he has been
deprived of some property right by
| reason OF his paying his entrance fee
before the change was made In the plan
1 Of the pledge to be placed on the ballot
to be voted. In other words. that he
made a contract with the local ex-
ecutive committee that court of
lenuity should, by Injunction. prevent
1.-THE violation Of
II shall discuss these propositions in
| their order. taking up first that this
court should control the primary to the
EeHtent of holding the pledge required
| TO be unreasonable. Why should this
court do such thing? Should 1t do
$50 because in its opinion it would have
been more polite for the committee to
have done so. or should it act slowly
/ in putting its judgment as to the poll
cies of political parties when those
policies are the result of the delibera-
ltions of committeeman selected at the
| polls by the Democratic voters OF Rich
mond IN the respective wards of this
! city? Where is the discretion lodged
| by the Legislature of Virginia in this
4
Where should the discretion naturally
and logically be lodged? This court
as at present constituted. is presided
over by one who belongs to the politt-
\ cal party known as the Democratic
/ party, but II / put forward my own
/ views against those OF the local ex-
eCutive committee of the Democratic
party. I may be called up at no distant
day to put forth my views as to the
PARTY policies of the Republican local
Executive committee. or of the Peoples
party. or of the Socialist party, or or
whatever party is now In existence. or
that may properly be created. Thus we
will or ray have a Pandora's box filed
to Overlooking, If not with ills, with
more remedies and restoratives than
1 the courts Of this Commonwealth can
| safely store.
i Not Legal Questions.
Some of the States, we were told in
| the previous argument, had gone so
| far as to require a registration before
primaries of the voters of the given
party, whether Democratic, Republican
1 o. what not. 1t seems to me, and I
say II with the greatest respect that
! the contention in It's mere statement
carries with it it's own refutation. At
any rate it falls to convince me that
/ this court should undertake BY injunc-
/ ton to control the local executive COM
mittee in this regard.
! Now we come to the other COM
! plainants' rights as voters. The rights
1 OF voter are identical with the rights
/ an a candidate, so far as being under
| the control of the rules and regulations
OF the local executive committee of
the Democratic party except that no
entrance fee is required of the voter.
| But as to who can vote in Democratic
primary or who can run in Democratic
primary, these are political questions
and when I say political questions
mean questions of political policy or
expediency. Just as would be the case
as to who could vote in Republican
convention or Republican primary or
as to who could vote in Prohibitions
list primary or,in the primary of any
other political party or sect.
These questions are not legal nues-
tions for the determination of courts
OF law or equity, 1t may be hard for
the courts to keep hands Off for courts
are hut human, but when they do open
the doors to them, they Will make n
grave and serious mistake, that In the
general result will be bad for the peo-
a pie. OF course by this Is not intend
ed that where there are certain minis
teriaI duties imposed by the Legisla
5ltture upon primary officers or punish,
sments prescribed for Illegal voting that
the courts cannot and should not en-
force them. This brings lis to the last
proposition commended for by Mr.. Mon
cure. that his property rights have been
or will be violated $50 as to give hin
the right to an Injunction, His con-
/, tsntlon nSthisN regnrd sabased upon the