The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1909-01-12
Democratic Party Law Construed
by Committee.

Chairman Henry R. Prewitt, of the
Democratic State Central and Execu-
tive Committees, is IN receipt Of an ex-
haustive opinion from the subcommiJ-
tee, composed of j. A. Sullivan, j. A.
Donaldson and w. A. Berry, TO which
was referred the construction of GER
tain section Of the Democratic party
law, including the point raised by
Judge Mourman, of Breckenridge county
as to the eligibility of State Central
Committeeman Thomas j. Moore, of
the Fourth district. he being also Cir
cult Clerk of Breckenridge county.
The opinion of the subcommittee is a
sweeping victory for Committeeman
Moore. 1t is In full as follows:
At the last meeting of the Demo-
cratic State Central Committee of the
State of Kentucky Section 3 Of the
present party law was referred to the
undersigned, j. A. Sullivan, j.. A.
Donaldson.and WA. Berry as members
Of the Democratic State Central Com
mittee, for opinion and construction.
Since that time point arising under
Section 25 Of the party law in Brock
inridge county has also been referred
to the Hon. Henry Prewitt, chairman
of the Democratic State Central and
Executive Committees, for the same
purpose. The points thus referred to
this subcommittee are included in
these two questions, viz.
First-Are officeholders or candidates
for Office eligible under the present
Democratic party law to hold the po-
sition OF member of the Democratic
State Central or Executive Commit
tees?
Second-Are officeholders or candi-
dates for office eligible under the pres
ent Democratic party law to be men,
bers or chairmen Of county or legisla-
tive district committees
The first question is answered by
the plain provision of Section of our
party law, whcih is as follows:
Each member of said committee,
except said committeeman from the
State at large, shall represent the Con-
gressional district from which he is
elected, and he shall be citizen and
resident of the Congressional district
for which he is chosen, and his office
shall Immediately become vacant on
his death or removal from the district,
and the office of either of said COM
mitteemen from the State at large
shall also becomu vacant from his
death or removal from the State,
and the Office of any of said commit
teemen shall become vacant upon his
becoming a candidate for the nominal
ton for any office elective by the peO-
pie of the State, or upon his accept
ance Of any elective or appointlve pub
lie political office, whether State, Fed
eral, district, county or municipal at
ter this date"
So, under the section last quoted, if
a member of the Democratic State
Central or Executive Committee shall
become a candidate for a State Office
he thereby vacates his Office of State
committeeman. This was the party
law prior to the converting of the last
State convention and was inserted in
our party law some years ago to pre-
vent the members of the State Com
mittee being candidates for State off,
ces and controlling State primaries or
conventions In their interest. The new
portion added by the last State conven-
zion vacating the Office of State COM
mitteeman as: cor upon his accept
ance of any elective or appointive pub
lie political office, whether Federal,
State, district, county or municipal af-
ter this date" he shall vacate his said
office.
This provision seems to us to be alb
solutely free from doubt and means
what it says, viz, that any member of
the Democratic State Central or Exec
utive Committees who shall ''accept
any elective or appointive public politi-
cal office, whether Federal, State, dis
trict, county or municipal, after this
date" (meaning June IL, 1909. he
shall thereby vacate his Office of State
Committeeman.
If, therefore, at the time of his
election on June IL, 1908, member OF
the Democratic State Central or Exec
utive Committee held any public Office
which he had heretofore acquired he
was eligible to be member of either
Of the State committees; but if after
this date" to wit, June II, 1908, he
accepted any Office or became a candi-
date for any State office he ipso facto
vacated his Office Of State Committee
man.
The second question referred to the
undersigned as a subcommittee arises
under Section % of the party law,
which is as follows:
"Twenty-ffth (25th) Candidacy va
Gates Office of committeeman.
ANY member of county or legis-
lative district committee shall, when
a candidate for any office, or for the
nomination of any Office in the gift of
the people over which said committee
has jurisdiction, vacate his Office as
filled as herein provided.
Hereafter no precinct committee
man or chairman of any committee
shall hold any Federal. State, district
county or municipal Office or be eligible
therefore"
We are of the opinion that under the
first part of Section Is, last quoted,
# any member of county or leigsIa-
tive committee becomes candidate for
office ''in the gift of the people over