The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-07-16
Democrat Says JacksOn's Opin'
ion Is Invitation.
Ayers Primary Affidavit Is Not
Meaningless.
FOR CHANGE.
wawyer Declares This Must BE
Actually Made.
Asks BOurbons to Stick by Their
Traditions.

Holton, Kan, July 16.--Charles
Hayden, a we'll known Democratic
lawyer of Holton, says he will nave 10
decline Attorney General Jaeksons IN
vitation lately issued to Democrats u
cast aside their political convictions ana
sentiments and assist one faction OF
the Republican party in its eftort 10
beat the other.
"I have read, with much surprise, the
recent opinion of Attorney General
jackson, touching the question OF tho
right of Democrats to vote for RepuD-
ucan candidates at the primary cleo
ton" Mr. Hayden said. while l en-
tertain the highest regard for MT
Jackson personally and respect Tor MS
legal ability, yet it seems TO me thaC
his opinion is so worded as TO amount
practically to. an invitation TO Demo
Gratis TO stultify themselves by decldr-
inc themselves to be Republicans Tor
the time being. 1t is cardinal rule
for the construction of statutes thdt
the intention of the legislature Is u
paramount Importance.
''Applying this truiSm TO the primary
election law, it is apparent that the
legislature intended that Republican
candidates should be nominated oy Re-
publicans only, and that Democratic
Democrats only. The afhdaVlt re-
ouired of the challenged person oHer-
ing to vote at the primary, is NOT mere
meaningless declaration, or make-snlIt'
but is a plain and positive oeclaratloii'
under oath. that the person so chdl-
Ienged is il truth and in fact mem
her and affiliated with the poltlcdl
party whose ballot he asks for; and, u
the affidavit is in fact false, the person
making the same may be prosecuted
criminally, convicted and sentenced I"
the penitentiary for perjury
Never Favored Law.
"I never have been in favor of our
primary election law, believing that to
a limited extent at least 1t has
tendency to destroy the secrecy OF the
ballot and that it is so framed as 70
practically prevent and Independent
voter. who is not affiliated with either
politicaI party from participating in
the nomination of candidates for Of
fice; but the duty of all good citizens TO
obev the law, whether such law be
wise or unwise, is unquestionable.
mo one, of course, disputes the right
of an elector to change ms poht1cai
opinions and party affiliations, but
such change must in fact be made be
fore he is, either legally or morally,
justified in making the affldaVlt re
duired of the challenged voter at the
primary election. Instead of stating
the law IN SuCn dS " COAANCJ
the impression that its provisions may
be evaded with impunity and its object
and purpose entirely frustrated, is 1t
not better to state the proposition plain
lv that good citizenship and public
policy alike dictate that the law shall
he obeyed and enfirced according to its
obvious intent and purpose, and that
the making of a false alndavit IS
perjury, punishable as felony?
''I think it should be plainly under
stood by all that the challenged cleo
tor who is not in truth and in fact "a
member of and affiliated with the
party whose ballot he offers to vote.
can not, either legally or morally. JUS
tify the making of the affidavit re-
olIired in such case. upon the h1msy
pretense that. for the instant. ne VIII
forsake the party in whose principles
he believes, and, for the purpose of
evading the spirit and intention of the
law, will for the time being, consider
himself "a member of and affiliated
with a political party in whose prin-
ciples he does not believe.
''While the election board must, per-
haps, conclusively presume the matters
stated in the affidavit to be true, such
conclusion will not thereafter obtain to
shield the affiant if he be prosecuted
upon a charge of perjury. nor, if he
be respecting man, can he feel
morally justified in the evasion of the
law.
"Incalculable injury will be done to
the Democratic party if any consider
able number of it's members vote for
Republican ca didates at the primary
election. The very men who are now
inviting them to do so, upon the spe-
cious pretext that they can. with light
ming rapidity. momentarily change
their party membership and affiliation.
will thereafter be the first to attempt
to bulldoze them into voting the Re-
publican ticket at the November cleo
tion, upon the theory that. having at
the primary made oath that they were
Republicans, they must, in order to
avoid charge of inconsistency and
perhaps perjury. vote with the party
whose candidates they supported at
the primary.
"The traditions and principles of the
Democratic party are as dear to Demo-
Gratis, as are those of the Republican
party to Republicans; and I feel sure
that no Democrat with a correct un-
derstanding of the law. ard his duty
under it, will accept the invitation to
pocket his party pride and stoop to a
violation of the letter as well as the
spirit of the law, by participating in
the Republican primary"