Evening star., 1908-01-13
ELMER DOvER'S STATEMENT
OPINION OF MEMBERS OF Ma
TIoNAL COMMITTEE.
Three of Them Say Delegates in
Ohio Cannot Be Elected by
Direct Primaries.

The following statement was given out
last night by Mr. Elmer Dover secretary
of the republican national committees:
Several requests have been received
at the republican national committee
headquarters for ruling as to whether
or not, under the provisions of the call
for the national convention and the Ohio
election laws, district delegates and alter
mates from that state can be elected by
direct primaries.
No one has authority to- interpret. Of
ficially for the committee any state laws
or the call, and no opinion could be given
which would in any way bind the COM
mittee or the national convention How
ever. for the guidance of the officers of
the committee in replying to those and
other requests for information the legal
question involved was submitted to three
distinguished lawyers. members of the
committee. Copies of section 2316 of the
Ohio statutes and of the call were sub
mitted to them with request that they
give their opinions on the issue raised
Two OF the three express the opinion
that under strict construction of the
statute referred to district delegates and
alternates to the national convention can
not be elected by direct primaries. The
third mas not yet given final or definite
opinion
Senator Foraker Pleased
The outcome of this action by the sub
committee of the national committee will
probably be abandonment of the contem-
plated plan of electing delegates to the
national convention by the popular vote
Of the state in Ohio and choosing them by
district conventions. Secretary Taft's
friends have advocated the general pri-
mary plan, and Senator Foraker's follow
ers have inclined to the district conven-
ton plan.
this subject were Mr.. John w. Yerkes of
Kentucky. Frank S. Streeter of New
Hampshire and Frank P. kellogg of Min
nesota. Mr.. Yerkes and Mr.. Streeter have
announced their opinion. as set forth
above, and Mr. Kellogg has not yet re-
piled.
Senator Foraker expressed the opinion
that the decision of the two members of
the committee on call was entirely in ac-
cord with the law as he understood 1t.
He declined to discuss the matter further.
but seemed to be greatly pleased at the
outcome.
Baber Law Repealed.
1t appears that under the former state
primary law of Ohio. known as the Baber
law of 1870. the election of delegates at
primary elections was allowable. 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 it
was generally believed that district dele
gates should be chosen by direct pr-
maries. in fact that the language of the
Baber law had been re-enacted verbatim
in the more recent primary law. but
clbse examination of the latter statute de-
veloped the fact that either by accident or
design the word district" had been omit
ted and that while delegates can be
chosen by direct primaries in cities, towns,
counties or municipalities. the word dis
trict'' does not occur in the amended
statute.
The effect of the opinion will not change
in any way the call that has been issued
for primaries to be held February II to
choose delegates to the state convention,
which will in turn elect four delegates at
large to the national convention. The
regularity of that call is not involved in
the question presented to Secretary Dover.