The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-11-29
mo DEMAND FOR
ExTRA SESSION.
Long Ago Regarded as Certain
That Governor Will Not
Order 1t.
WOULD COST STATE $4,000
Legislature. if Convened, Would
Have to Elect United
States Senator.

In view OF the statement tnat petl.
ton had been circulated in Norfolk
calling upon Governor Mann to sum-
mon special session OF the Legisla-
ture for the purpose of enacting le-
CALLED primary law. some discussion OF
the matter was heard yesterday. Some
what dlligent scarch however, failed
to disclose a man in Richmond who was
in favor OF an extra session.
Certain 1t is that the elemen. which
has been calling for party conven-
tion to frame platform is utterly OPP
posed to any extraordinary meeting
of the General Assembly. 1t Is equally
certain that the other side is also in
opposition. There Is apparently no
public demand whatever in Richmond
for such action.
Those who discuss the case smile at
the possibility of session The Gov
ernor will not call it, and 1t is pointed
out that the members of the Legisla-
ture, most of whom are candidates for
collection, Will never put themselves
at this juncture in the position OF sign
ing a call which will put the taxpayers
of the State to an expense of approx
imatcly $4,000.
The Primary LAW.
And for what purpose?" asked q
leading citizen yesterday. What is
the need for such session? Where
does the argument come IN? Evidently
it all arises because of the decision OF
some Norfolk Judges that the section OF
the law providing punishment for iile-
gal practices in primaries is unconsti-
tutional.
"Now the Norfolk people who are
agitating the matter, constituting. j
am informed, a very small but very
active number. either cannot or will not
understand that the Supreme Court OF
the State has already said that this
law is constitutional. and that the
Judges in Norfolk. whose integrity and
ability no one doubts, were simply not
Informed. The Jackson Wise case, in
Richmond, involved in the Norfolk de-
cision. was under exactly the same sec
ton of the Code. and not under any
special law applicable to this city.
I'm taking the case TO the Supreme
Court. counsel for Wise assigned the
very point on which the Norfolk case
was decided--that the caption was in
sufficient. When the Supreme Court
refuses writ OF error it examines all
grounds for complaint, and in this In
stance II must have looked into this
matter While there was no written
opinion. the court made its approval OF
the law all the stronger by refusing
to even hear argument on the appeal
from Judge Witt.
SorfoIk's Need.
Now. what is wanted in Norfolk
Evidently an extra session of the Leg
islature, to pass law which will make
1t have an honest. election, when there
is already a law good enough for the
rest of the State
Besides, Norfolk has primary law
which 1t can use II it has occasion
to nominate city officials between now
and the regular meeting of the Legis-
lature. Only the one senatorial pri-
mary OF next September would not pc
legalized there
1t seems certain that IL an extra SEES
sion of the present Legislature were 10
he held now that body would be obliged
to elect United States senator 20 SUE
coed the late John w. Daniel. NO one
doubts that In such an event the man
would be Senator Claude A. Swanson.
There Is no provision for party
primary in which man would be
named. for the senatorial primary. I'M
der the party law. must be held In the
first week in next September, Mr..
swanson would therefore he elected for
the full term of Senator Daniel
Precedent Found
This was settled in the West Viz
ginia case. Governor Z. w. Wilson, OF
that state. appointed Judge Daniel
Lucas to fill a seat in the Senate
Soon thereafter the Governor called
special session of the Legislature.
and that body elected Charles James
Faulkner The two men presented
their credentials. and Faulkner was
seated, the Senate holding that the
Governor had the right TO appoint only
until the next session of the Legis-
iature, whether regular or special or
whether the election of Senator was
specified in the cal or not.
OF course such result would be
to the friends of Senator
Swanson, who is certain of getting the
Office if the Legislature has an extra
session, but it is presumed the people
would prefer to vote On their man
first
1t is also argued by the opponents
that the primary is a Democratic mat
ter, and that the $4,000 Republicans in
the State might not see the Justice in
having to help pay the $4,000 neces-
sary to hold a session to settle mat
ter entirely WITHIN the Democratic
party, and with which they'have moth
ing to do
Echols Denies Statement.
Especial to The Times-D spatch.]
Staunton, Va, November 2S.-.Hon.
Edward Echols. a member of the DEM
ocratic State Central Committee, and
also a member of the subcommittee to
investigate the charges of fraud in
nf Second CONGRESS