The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-07-15
POLITICAL GOSSIP.
Primary Discussion Puts Voters
in Quandary.
Secretary Denton Writes to
Winfield Man.
LAW AS 1T STANDS.
Designed to Prevent Breaking
Party Lines.
Attorney General Nor Secretary
Has Power to Change 1t.

Secretary of State Denton made an
other thrust today in his tilt with AT
torney General Jackson who, it is al
legged, is making an attempt to rope
Democratic voters into the Republican
primaries. Mr. Denton replies to
letter from Joseph O'Hare, selecting
that from a bundle of similar ones be-
cause of the writer's legal qualifica-
ton. Mr.. O'Hare was formerly solic-
itor general for the Frisco system Win
Headquarters in St. Louis and is now
practicing law in Winfield. Kan:
In his letter to the secretary OF STATE
he rather ridicules the conscience
contention of the attorney general HIS
query as to who is correct in the IN
depreciation of the primary law Whlcll
so occupied the legislature brings OUT
the answer that the courts Will nave 10
decide.
The letter and reply follow:
Winfield, Kan, July 14th. lSlV.-C.
E. Denton, Secretary of State
Some time ago 1 read what pur--
ported to be an opinion or Statement
of yours regarding qualltlcatlohs u
voters at the primary election, or ram rain
er as to the test by which party aI1I-
iation is to be determined.
NV recollection is that this state
ment asserted that to qualify voter
to receive a party ballot and vote the
same, he must have been aff1llated
with that particular party previously
and not as to what he is at the time
or expects to be in the future.
Today, see what purports TO De an
opinion of the attorney general on the
same matter in which he states tnat
the voter alone is the judge as TO the
matter and that his affiliations at
the time he asks for his ballot is the
criterion determining the matter. IN
der this opinion there can be little OF
no distinction as to party arflIlatlons
at the primary If the attorney gen.
eral is correct all a man mas &c do. II
challenged, is 20 state or swear mar
he is then aIt1lia;ing with the Iariy
for which he asks ballot, ana none
can question him further. If he was a
member of the opposition party the
day before and resumes his allegiance
the day after it makes no difference.
If this is the law. then there is no
party distinction at the primaries. 1t
is free for all to vote as they please.
The question of conscience. mentioned
by the attorney general, will not cut
much ice with a large number or voters
If they have friend to favor or an
enemy 20 punish.
The min ority parties have little. con-
test at the primaries, and small in
centiVe to go and vote the party tick
ct, as 1t will carry anyway, While the
majority party and all its candidates
counts from whatever source. under
this decision of the attorney general,
it seems to me, judging from past ex-
perience. and expressed intentions,
that some Republicans are going to
get a large complimentary opposition
party vote at the primaries.
Who is correct in the Interpretation
of this law? JOSEPH O'HARE.
Topeka. Kan, July Is, 1910.
Mr.. Joseph O'Hare, Winfield, Kan.
1t occurs to me that perhaps the best
answer to your letter of July IA will
be to ask you to put yourself in the
attitude of the man who is member
of and affiliated with one political party
and who goes to the polls and makes
an oath that he is a member of and
affiliated with another political party,
with nothing standing between you and
conviction of perjury except the prac-
t1cally hopeless chance of convincing
the courts that it was the intention OF
the legislature when they enacted the
primary election law that voter could
play political hide and seek with him
self and everybody else while in the
voting booth.
After reading the primary election
oath and noting the care with which
it is framed, to prevent just such prac-
tice as cited above. l believe you will
agree with me that it is preposterous
to suppose that the legislature intend
ed that a voter should play "Battledoor
and Shuttlecock" with his political
traditions, beliefs, and principles while
in the voting booth.
You of course, understand that the
opinion of Mr.. jackson, myself or any
other person does not in any way
change the law, it's provisions stand
just as enacted by the legislature; the
judges of election must, under penalty
of fine and imprisonment administer
the primary election oath to every
100 .111D1 1rr-r
that he is attempting tosvote any other