The Topeka state journal., 1908-01-17
w. r. Stubbs Objects to the
Proposed Measure.
Regards It as Joker by Enemies
of Bill.
THELAST DYING KICK.
That Is What Secretary Lari-
mer Calls 1t.
Would Violate Secrecy of the
Australian Ballot.

W. R. Stubbs and his friends have
esken a position strongly in opposition
to the proposed "spIit primary and
will fight that plan to the bitter end.
The "split primary" is the plan by
which people may be permitted to
vote for their preference for United
States senator at the time of the No
vember election, instead of at the time
Of the regular primary election earlier
In the season.
The advantage claimed for this
plan Is that in case OF not fight for
the job of United States senator, mem
bers of the legislature would not be
''knifed" after their nomination by
the senatorial faction which happened
to be defeated in the primary. The
friends of the plan claim that it would
prevent the defeat of many members
of the legislature.
MI Stubbs and his friends will
fight the "spIit primary on the
ground that it is a Joker" which the
enemies of the direct primary want to
inject into the law for the purpose of
rendering it unconstitutional.
H G. Larimer, the secretary of the
direct primary league, this morning
stated the position of himself and the
Stubbs crowd as follows:
81 would rather see the whole dt-
1t passed with this provision for the
nomination of United States senator.
at the November election instead of
at the regular primary.
'I believe that it is open to very
serious doubt whether such a plan as
proposed is constitutional. 1t would
violate the secrecy of the Australian
ballot. Suppose such a plan were
adopted, a voter, after casting his bal
lot at the election, would have to call
for some party ballot on which to vote
for United States senator. By this act
he would practically declare his party
allegiance, and make it clear for which
ticket he had cast his vote at the cleo
tion, thus violating the provisions of
secrecy imposed by the Australian bal
lot law.
Furthermore, I think that the party
ought to settle it's fights at the pri-
mary. If the nomination of United
States senator was not made until the
primary, there would be a factional
fight between senators from the time
of the nomination of the ticket up to
the time of the election for the control
of the county. Candidates on the tick
ct would be forced to line up their
friends for this or that candidate for
United States senator, or be knitted by
the friends of that senator. The place
for the Republican party to settle Its
policy concerning United States sena
tor is at the primary, and 1 do not be-
led into a scheme to beat the nominee
for the legislature because the county
had instructed him for somebody for
United States senator.
1T is claimed that this split primary
is the plan adopted in Missouri, and
that this furnishes precedent. Let
1t be remembered, however, that Mis-
souri, does not have the Australian bal
lot law, and that therefore the cases
are not at all parallel Neither has the
plan been actually tried in Missouri-it
has merely been adopted. 1t is still an
unknown quantity so far as practica-
bility is concerned.
"I regard this proposition for a split
primary as the last, dying kick of the
enemies of the primary law. 1t would
be better not to have a primary law
than to have one with this provision" I"
Since the Stubbs people have taken
this radical stand, there is good
chance for quite a fight over the direct
primary law for many friends of the
direct primary believe that the split
primary is the best plan. Senator Fred
Dumont Smith, who since his "conver-
sion" has been supposed to be MI
Stubbs' personal representative in the
state senate, is in favor of the split
primary plan. There are a lot of other
senators who are in favor of the plan,
and Governor Hoch also advocates it
strongly. In the house, many strong
friends of the direct primary believe
that 1t would be advisable to nominate
the United States senator at the time
of the election, and the objection which
seems to have the most weight is that
1t may be unconstitutional.