Daily capital journal. (Salem, Oregon) 1903-1919, 1909-12-16
WOULD ASSEMBLY NOMINATIONS BE LEGAL IN OREGON
(From Daily

There were good reasons why the
late legislature refused TO make as
sembly conventions lawful A chief
one is found in the primary law it
self. eSction II of that law says:
Every such political party shall
nominate all its candidates for pub
lie Office under the provisions of this
law, and not in any other manner" :"
And It is further declared in the pre-
amble of said law that "all quail
fed electors who wish to serve the
people in an elective public Office are
rightfully entitled to equal oppor-
tunities under the law"
Naturally, the legislature shrank
from providing another method of
nominations, when the primary law
itself explicitly stated that nomina-
tions should not be made Gin any
other manner" To provide "any
other manner" was to defeat the
purpose of the law, and it was
law made and adopted by the people
for the purpose of providing a spec
ific manner OF nominating. That
purpose carried with it, as the pri-
mary law itself declares, an intent
that "all qualified electors who
wished TO serve the people in an
elective public Office are rightfully
entitled to equal opportunities un-
der the law"
The legislature naturally recog-
nized that the preliminary conven-
tion or assembly. would mot give all
qualified electors equal opportunity
under the law" and that to provide |
for such a gathering would defeat /
the whole spirit, intent and purpose
of the primary law by giving and /
assembly candidate greater oppor- |
tunity than a non-assembly candi- |
date for the nomination. Conse- |
quently the proposed preliminary I
assembly for selecting candidates to I
recommend 70 the people was re-
Jected and did not become the law
OF the state. IT would have been a
monstrosity, because on its face It
would have been in complete antag.
onism to the primary law, and in
effect a notification, IL not an actual |
repeal of the most important pro-
visions of that law.
1t Is very doubtful II a candidate
and elected under the
proposed assembly convention plan
could, We're the matter carried to
the courts, hold his position. It Is
proposed TO make the assembly con-
yentlon part of the process OF
The business of the
assembly convention is to make the
selection, for the argument is that
the people have not sense enough to
select "ht' candidates.
It's whole purpose therefore is to
select, and selection therefore Is the
vital and paramount part of the
nominating process. IL Is the only
important function in the process OF
and II done by an as
sembly convention composed of del
egates, II is a manifest violation OF
section II OF the primary law.
which says, Every such political J
party shall nominate all its candl-
dates for public Office under the pro-
Visions of this law, and not in any {
)ther manner" 1t violates again !
hat provision in the preamble )
which says "All qualified electors !
who wish TO serve the people In an !
elective public Office are rightfully
untitled 10 equal opportunities under !
he law" a provision that would be
violated in sending out
or ratification n selected party can
iidate, recommended by the ASSEM-
ply convention who would be give,.
for nomination that
Ire denied other candidates.
In any event the foregoing pro- ,
'isions of the primary law reveal !