The Republican. [volume] (Oakland, Md.) 1877-current, 1910-05-26
DEMOCRATS ARE HIT HARD
BY THE ATTORNEY GENERAL
Opinion on the Primary Election Law
Hurts.

opinion that direct primary is manda-
tory under the Lee law enacted by the
last General Assembly in the nomina-
ton of candidates for Congress. The
opinion will be handed to Chairman
Murray Vandiver, of the Democratic
State Central Committee and will be
read to the committee at its meeting
today.
The opinion may or may not compel
the Republican State Central Commit
tee to reassemble and rearrange its
primaries. The committee at it's meet
ing IN April proceeded on the theory
that the law did not demand direct pri-
marles in the nomination of congress
sional candidates. This Interpretation
was placed upon it by Senator Lee, it's
author.
1t really makes but little difference
whether the candidates for Congress
are nominated by direct voting or by
the aid of the delegate convention plan,
since the qualifications of membership
of Congress are not determined by
state law, but by Congress itself, and
that body would not pay much atten-
ton to the method of the nomination of
the successful candidate. Thus last
year the Republicans paid no attention
to the state law relative to the selec-
ton of a candidate tor the United
States Senate. The Republicans knew
that if they elected majority of the
General Assembly on joint ballot and a
Republican was elected to the United
States Senate that body would not turn
him down because a state method of
choosing a preliminary candidate had
not been followed.
1t is a question for future determine
ton, therefore, whether the Repubh-
cans will reassemble their state com
mittee. Mr. Thomas Parran, who was
nominated for Congress by the Repub-
iicans of the Fifth District yesterday at
Chesapeake Beach has not been voted
for at direct primaries. The old dele
gate convention plan was followed
There is a prospect, however, that
the Democrats will be hit harder by the
Attorney Generals opinion than the
Republicans, that is, if the Democratic
State Central Committee decides to ac-
cept the Attorney Generals opinion
and it is by no means certain that it
will. In fact developments point to
spirited fight in the committee against
the adoption of Mr.. Straus opinion and
if the fight does come, there will be a
line up earlier than was expected be-
tween the Crothers- Straus combination
and the Smith-Gorman-Va ndiver forces.
At the outstart it would look as
though Mr. Straus possessed a stragetic
point. Opinions by the Attorney Cen
eral are generally construed as having
full force of law until reversed by the
courts. 1t may be possible, therefore,
that a decision of the courts will be
sought before the primary is held in ac-
cordance with Mr.. Straus' views.
The clause of the Primary Election
Law submitting the referendum in the
several counties is as follows:
at the first primary cleo
ton held under the provisions of this
act in each of the said named counties
(Howard, Washington, Wicomico, Som
erset and Worcester), the official bal
lots of the respective political parties
participating therein shall contain
squares, properly designated, in which
the voters of such parties may by such
cross mark in such squares indicate
their preference for or against primaries
in their respective parties by direct
vote for candidates for county offices,
for the State Senate and for Members
Of the House Of Delegates; and pro-
vided further that if the majority of
votes cast by either of such parties in
any such county so excepted shall indi-
cate preference for direct primaries,
then and in that event, each county in
which by such direct vote a preference
has been so expressed for direct prima-
ries shall ever thereafter be removed
from the class of excepted counties in
this section specifically mentioned"
1t is apparent that if the Straus
opinion is sustained and if these coun-
ties show preference at the next pri-
mary for the direct system of voting,
that system will be employed next year
in voting for all candidates for state
offices.
In his opinion Attorney General Straus
goes into detail to sustain his point of
view that the congressional candidates
must be named at direct primaries.
"The point in question says Mr.
Straus, sis by no means free from diff
Guilty, because the act does not in
express and literal terms mention con-
gressional nominations. In spite of