The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1910-01-29
EXCEEDED ITS AUTHORITY
Governor GiIchrist Shows Where the
Recent Action of the State Exeeu-
the Democratic Platform.
Tallahassee. Jan. -. 1910.

- =
form as adopted by the democratic
convention Of June. 1900:
We believe that true democratic
principles require that the people be
consulted in all matters where prac-
ticable. and that they. as directly as
possible. be permitted to make known
their wishes. We therefore favor the
Of ali candidates for office,
both state and county. and of United
States senators. by a majority vote in
white democratic primary elections.
held under the provisions of law,
which shall provide all possible pro-
lection against fraud, bribery. intim-
ida ton and other vicious Influences,
said primaries to be uniform and held
the state on the same day
and we pledge the democracy to the
passage of all laws to that end and
instruct the democratic state commit
tee to provide for and superintend
the holding of and declare and GER
tify the results of such primary cleo
tions. whenever it shall become ne
cessary by end of term, death. resig
nation or otherwise. to elect or ap
point any such officer
Section 33 of said platform request
ed three democrats to prepare and
present for passage by the legisla ture
q proper primary election law.
Section 255 of the General Statutes.
taken from section l of chapter 5O14,
Acts Of 1901. provides:
Whenever the state executive or
standing committee of any political
party in this state or any congress
sional district or county of this state.
shall decide to take by primary cleo
tiOn the sense of the members Of said
party as TO the proper persons to be
made delegates to any convention to
be held for the purposes of that party.
or to take the sense of the members
of said party as to their choice for
United States senator. or as to the
proper person nr persons to be pre-
Sented on behalf of the party to the
voters of the state. congressional dis
trict or county. as the case may be.
at any election to be held in the sew
eral counties under the laws of this
state, at least thirty 600 days notice
shall be given in some neWSpa per
published in the county or counties in
which such election is to be held. OF
by posting a notice of such primary
the county. if there be no newspa per
published in said county. or the place
where the voters belonging to that
party are requested to meet for the
purpose of acting in relation to the
nomination of delegates or candidates
as hereinabove stated
Section Is of chapter 1929 of the
Acts of 1909 provides:
w h.. Of
capitation tax is necessary to qualify
voters for participation in the pri
maries herein provided for. that such
poll or capitatiOn tax shall be paid not
later than the second Saturday in the
month preceding the month in which
such primary is held.
At a meeting of the state democratic
executive committee held in Jackson
vile January 18TH the following was
adopted:
The democratic state committee of
the state of Florida hereby call and
provide for the holding of a demo-
cratic primary election. to be held in
compliance with the laws of Florida.
said primary to be so held in each
county of the state of Florida, al the
legal polling place in each election
district. during the hours fixed by law
for the holding of elections. on Tues
day. the 10th day of May. A. d. 1910.
for the nomination of all democratic
candidates for office. state and coun-
ty, to be voted for by the democratic
electors at the general election to be
held November Sth. 1910. and to be ap-
pointed by the governor of the state
for the ensuing two years. including 6
the state auditor. and excepting cir
,
circuits and states attorneys for said
circuits" who have paid their
poll taxes legally due. not less than
ten days before such primary election
is held"
Examining section 255 Of the Gen
eral Statutes above quoted, it will APP
pear that this is intended as a limita :
ton upon the notice to be given. II
also refers to the action OF any polit- :
ical party in the state. 1t also refers
| to the state executive or standing
committee of any political party in
| this state. or any congressional dis
| trict or county OF this state" which
shall decide to take by primary eiec-
ton. Some might decide that that
/ the democracy in convention assem-
| bled. having already decided to take
| by primary election had removed
this subject from the discretion o
the committee.
! Examining section % of the stat.
democratic platform adopted in 1900
| above quoted, the following appears
We believe that true democratic
principles require that the people h,
consulted in all matters where prac'
| ticable. and that they. as directly Il:
possible, be permitted TO make known
their wishes. We therefore favor th'
nomination of all candidates for office
both state and county and of United
States senators, by a majority vote il
white democratic primary elections"
Examining the call for the primar,
made by the state democratic exec
utive committee on January 18th
1910. it appears that the nomination o
| circuit judges OF the respective judi
lcial circuits and the states attorney
for said circuits are specifically ex
Ecepted.
The question is. the people of an,
party. acting through convention hav
ing provided for certain nominations
whether any less authority could alb
rogate its provisions OF. in othe
words, could an executive committee
of its own volirion, alter the action
of the party as already expressed
1t will be observed that the exec
utive committee made the followin
provision in reference TO the paymen
| of