The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-07-01

electors, there we're 643 votes actually
cast in said election.
In your home county, according to
the report of the official canvass, there
were SOC votes cast for congressman,
although | am informed that not ex-
ceeding 500 names appear upon the
registration books of your county as
qualified electors. In making these
propositions, ] am not stating any
proposition different from the methods
which the courts would pursue, if the
courts could take Jurisdiction, but the
primary election laws has vested in
the various executive committees the
absolute and final power in any par
| ticular election to determine who are
and who are not nominated in such
election, and the courts hold that the
action of the executive committee in
declaring the result is not the subject
of review by proceedings in the courts,
except where the law under which the
election is held has expressly vested
the courts with Jurisdiction to review
the result as declared by any partieu-
lar committee. This is upon the the
DRY that such matters belong to the
political department of the govern
ment, and that the courts can assume
no jurisdiction not eXDressl'l-s or by
necessary implication, given TO them
in the law.
You are aware, no doubt, of the
fact that the law governing primary
elections as existing in this state.
gives no executive committee the pow
er of compelling attendance of wit
nesses or the production of records.
as the courts would have, although
the committees are given final juris-
dIction to determine the result of an
election, and to pass upon contests
coming before them, and such power
Is vitality essential to just determina-
ton of any contested matter The
consequence is, that where disputes
of fact arise within their Jurisdiction
they must depend upon the testimony
Of such persons as the opposing par
ties in the matter of contest may be
able to induce to appear before them.
1t is quite within the power of officials
and private individuals in defiance of
the executive committee, and in def
ance Of the moral rights of persons
interested. to withhold information of
a character such as would enable a
committee before which a contest is
pending, to determine such contest &C
cording to right.
For instance, lin the matters in dis
pute between you and me, | have ap-
piled in two counties for lists of the
electors qualified to vote. and though
perfectly willing TO pay for the infor-
nation sought and for the labor neces-
sary to furnish it to me, such lists
have been denied me. It so happened
that in each of these counties, a ma
jOrity of the votes cast is. claimed by
you. The logical inference from the
refusal of this information is, that
when obtained il would enable me to
show that some officer or officers have
been derelict in their duty and that a
part, at least, of ycuT apparent ma
joTity, was due TO me receipt, by the
inspectors of the votes of persons who
under the law, were not entitled to
vote, and which If any court had juriS-
diction, would be certainly rejected |
If such indeed is the fact, then such !
votes ought not to be counted. and if |
it is not the fact, both myself and the |
public have a right to the information |
that would show il to be untrue.
In some of the counties. as | am |
prepared to show, fewer votes were /
cast than there were electors qualified |
to vote, while in others as have /
shown above, the number of votes cast /
largely exceeded the number of per-
sons qualified to vote The obvious in |
ference is that in the former counties.
the election officials and the people !
undertook to and did obey the law I'M |
der which we were seeking nominal |
ton, while in the latter, the plain man |
date of the law was openly disregard |
ed If you and | acquiesce in such dis /
regard of the law, and each of us as /
sumo to be laW-abiding, then we make /
ourselves morally at least, as repre- |
hensible as those who actually did IL 4
legal acts, for our very acquiescence !
furnishes encouragement to a practice |
which soon or late, if continued will !
work the repeal of the primary. the /
only system calculated, under condf- |
tons as they exist in Florida. to get |
the direct expression of the white cleo
tors as to their choice for officials.
1naSmuch as the primary election /
law expressly provides that only those |
may vote who are lawfully registered /
and who have paid their poll taxes |
for the two preceding years, or who 1
are of such age as not to be required I
to pay polls. / assume that you GER
tainly do not contend that either of |
us is entitled to have counted for him I
the vote of any person who was not !
lawfully entitled 10 vote. | certainly |
desire counted for me the vote of no !
person whose vote was illegal If. as
assert. Illegal votes were cast, then |
you cannot justify any demand to /
nave tnem counted II Lney were not |
cast, then the propositions which [
have submitted are such that their &C |
ceptance can work neither of US any |
injustice
p, as the facts in my possession in /
dictate. Illegal votes were cast and |
counted in some of the counties OF |
the district. no injustice could result /,
to you or me from having such He
gal votes rejected, and justice is all !
that either of us should desire
| cannot foretel whether the ac- /
ceptanCe by you Of the propositions | 4
made would result in the nomination /