The Washington herald., 1910-11-27

Norfolk, Va. Nov. 26.-The movement
inaugurated here yesterday for an extra
session of the general assembly for the
purpose OF legalizing the primary system
before the United States Senatorial pri-
maries are held next summer. received
great impetus when Harry ST. George
Tucker, former candidate for governor
and prospective "anti-machine" eandi-
date for the United States Senate. gave
out an open letter 10 Gov. William
Hodges Mann. In which he beseeehes the
governor to issue a call for legislative
session this winter.
This letter is regarded as preliminary
skirmish for the big fight next year
against Senator'S Thomas S. Martin and
Claude A Swanson, which viii be waged
by the faction known as the "anti-ma-
chine If the primary is legalized, It is
safe to say that Representative William
A, Jones, OF Warsaw, and Mr.. Tucker
win be IN the fray as opponents to Mar
tin and Swanson.
Mr.. Tucker says, in part:
cit is announced that you had declined
to consider the question of calling an
extra session OF the legislature for the
purpose OF passing a bill legalizing the
primary system OF the State. feel quite
sure that a large majority of the Demo-
Gratis Of the State will greatly regret your
decision.
Describes Primary System.
Mr.. Tucker then enters into a descrip-
ton of primary conditions in the State,
saying:
The primary system for the nominal
ton Of State, county, and municipal off,
GERS in Virginia. I feel warranted in say
ing, has not received the universal ap-
prevail of the party throughout the State,
but il has been adopted by the party as
its method OF nominating candidates. and
il is practically the only method. Fer
nearly ten years II has been so used as a
method of making nominations In the
form and manner Of real election. The
absence of legal provisions 10 protect the
elections from abuses and frauds has
been an obvious defect In the system.
The regular elections being fully protect
ed by penal provisions OF the statutes. IL
has been thought by many that such pro-
visions extended 10 the primary system,
and many have believed that there was
no necessity. therefore for a legaliZed
primary. as it was amply protected by
existing laws.
This view has been exploded within
the last few days by the decision OF two
able and upright judge here in Norfolk
City and Norfolk County. wherein they
have held that there Is no law on the
statute books 10 punish frauds committed
by election offieers in primary election
In the recent Congressional primary
In this district. in August last. a charge
was made by the defeated candidate that
MS successful opponent had been nomi.
mated by fraud. great meeting Of
Democrats, irrespective of faction, as
sembled and demanded an investigation.
The District Congressional Committee re-
ferred the matter to the State committee.
and, after fun investigation by a sub
committee, their report was adopted by
full committee. with one dissent, declar-
ing the primary void because OF fraud.
The election officers charged with CON-
hitting frauds were promptly indicted.
ana the indictments against them were
quashed because the judge held there was
no law to punish offenders in a primary
election
ORenses May BE Repeated.
IF there is no law in Virginia to pun
ish offenders in the primary elections.
these Ofrenses may be repeated in the fu-
ture. Shall this state Of things continue
to undermine cur party and sap it's vital
ity? What advantage is it to appeal 10
the people for their Endorsement Of some
great principle if their registered Will in
its favor can be stolen from them and
the robbers escape?
While IL is true that the legislature.
If called. would be composed OF the same
members who refused TO enact the law
presented 10 them last winter, they would
come to the consideration of the question
with additional light upon the subject,
which they have never had before.
Lawyers all over the State were di-
vided in their opinions as TO whether the
provisions on the statute books were suf-
ficient TO meet the case in the primary
elections. The judges have disposed of
that question now, and held that there Is
no law"
Mr.. Tucker then goes on to say that
the Second Congressional district primary
investigating committee recommended that
legalized primary law be enacted at
once. but that II was stricken from the
report. He intimates that the same in