The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-02-02

ministration or executive committee.
If the portion of said section quoted
has been ahrogated or annulled, or by
lapse OF time has ceased to be opera
tive or binding upon the party upon
what parity of reason Is the other por-
ton of the same section to. be now
considered as the party law Of this
state? If the plank cited has been dis
regarded for years. without censure OF
the press to the effect that the gov
ernor or the executive committee has
violated their obligations to the party
or to the effect that thew were trying
to kill the primary, why is it. when the
present committee. also disregard the
same plank if it can be construed that
| it has done so. that the hue and cry
goes abroad that this committee is the
enemy of the primary system and that
| its action is directed against 1t.
| We heard no complaint from any
of the papers which are now censuring
the present committee for eliminating
the judiciary from the primary, when
appointments were made by the gov
ernor Of circuit judges, attorney gen.
eral judges, of the supreme court,
| United States senators and other Off
Gals, without the Intervention Of the
| primary system, although the proyis-
/ ions of section % Of the platform Of
| 1900 expressly requires that each and
all of these positions should be file,
| by nominations made by the people
through the primary. Is there any
reason for the Inconsistency? There
is an old saying that at makes all the
difference whose OK is gored," and it
seems to me that 1t is as true today
as in times past and gone.
| The committee. in my opinion. was
acting with full authority in eliminat-
ing the judiciary from the primary,
both under statutory and party law.
Granting that the platform of 1900
is the party law of today. it still had
authority to act. BY section 33 of the
platform. direction was given for a
committee of three. who represented
the convention. to prepare and submit
to the legislature a primary law for
enactment. The result of the labors
Of that committee is the primary law
of 1901. This law therefore is the act
and deed of the convention. What one
may do in person he may do by agent
when duly authorized.
The statute therefore enacted is the
last utterance of the party upon the
Y.
gives the executive committee it's
authority
Section 255. General Statutes Of the
state of Florida. taken from Section /,
Chapter 5014, Acts of 1901 provides:
Whenever the state executive COM
mittee or standing committee of any
political party in this state or congress
sional district or any county of this
t-+o IoI &oi-
election the sense of the members of
the party as to the proper person to be
made a delegate to any convention to
be held for the purpose OF that party;
or to take the sense Of the members
Of that party as to their choice for
United States senator or as to the
proper persons to be presented on be-
half of that party to the voters of the
state congressional district or county
as the case may be, at any election to
be held in he several counties under
the laws of this state etc.
It will be seen. from a cursory
examination of the statute quoted, pre-
pared as it was by a committee, under
the authority of section SO of the plat
form of 1900. and enacted into law
that the state democratic executive
committee is vested with full authority
and discretion to decide whether or
not it is desirable or expedient to take
the sense of the members of tina.
party by primary, as to the judiciary,
and being fully vested with that
authority its action in the premises is
final
There is one fact however. with ref
erence to the statute cited. that I wish
to call to your attention. That is it
seems from the wording of the statute
that it was not the intention of the
committee which prepared the law,
; under the directions of the state con-
vention, or Of the legislature itself to
depart from the constitutional provis-
ions as to the method of selecting
persons for the Office of circuit Judge
or states attorney. as the law of 1901
makes no provisions whatever to the
effect that such. officials should be
nominated by primary. And II
; would have been unconstitutional had
, it attempted to do so.
| It will therefore be seen that the
/ committee is eliminating the Offices
! of circuit judge and states attorneys
was acting in the scope of it's author
: ity. 1t was acting in accordance with
/ the faith and the practice of the demo
cratic party OF this state. as exempIi
, fed for many wears. II was acting in
, accordance with the wishes of the
people as expressed at the ballot box
, in adopting the constitutions of 1868
1855. and the constitutional amend
ment to Article 5. section s. in 1902
, II was acting in accordance with the
| declaration of principles of the demo
. cratic part vas enunciated by the com
! mittee provided for therein as to q
: primary law. at the democratic con
) yention of 1900
II iS fr,ta TINT tia com i++on ~ IL