The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-11-27
Urges Governor to Call
Legislature toLegal-
ize Primary.
CLAIMS PEOPLE
DEMAND LAW
Has Heard That Norfolk Sub
committee Recommended Le-
galization Possibility of Meet
ing Not considered-Nor-
folk Reversed Su-
prerne Court.

Calling upon Governor Mann to
order special session of ti-> General
Assembly, for the purpose of legaliz-
ing primary elections in this state
Harry ST. George Tucker has written
q letter to the executive urging the
Importance of a measure which Will
prevent frauds in such contests.
! Mr.. Tucker says in his cofnmunica-
| ton that many people of the state
have believed THAT the existing laws
protected primaries. but that this view
| has been exploded by the recent opih-
| ion Of two Norfolk Judges, in holding
that there is no law on the statute
bol;s to punish frauds committed by
officers in primary election.
When the report of the subcommittee
OF the state Democratic COMMITTEES.
which Investigated the charges oil
fraud in. the Second District primary
election of last August, was brought
to Richmond, Mr.. Tucker is Informed,
| II contained recommendation for a
,legalized primary. Before it's final
adoption, he further hears. this clause
was stricken out BY whose influence,
he does not know. but 1t may be, ne
says, that this same influence has been
used in tho past TO prevent the Leg
islature from enacting such law.
Public Sentiment.
In his letter Mr.. Tucker speaks of
the press of the state, voicing the
sentiment of the people" urging such
step as the calling of an e&traor-
dinary session OF the Legisia ture.
Little or no discussion Of an extra
session has been heard in Richmond
Governor Mann says In the most en-
phatic terms that he has no intention
whatever OF calling such a session.
With one or two exceptions, no news
papers have been seen here which
have urged such q step, and the opin,
ion was expressed yesterday that pos,
sibIy Mr.. Tucker has mistaken the
public demand for party platform
conven tion for = demand for q session
Of the General Ass emhly.
Further. 1t is felt In RiciIInond that
tho Norfolk Judges, in deciding that
the act supposed to cover primary
elections was void. have overruled the
Supreme Court Several years ago
Jackson Wise, Richmond man, was
convicted of illegal action in q pri-
mary election, precisely under the sta
tute acted on in the Norfolk cases. An
appeal was taken to the Supreme
Court. but that body refused TO grant
writ of error. thus uphoidins the
section of the Code. Under the cir
cumstances there is some bewilder-
ment as to why the Norfolk Judges
should have ruled as they did, Tho
sentiment is that, except In Norfolk,
the statuteiis as binding as ever.
The Governor leaves the city to be
away a week, and 1t is possible that
he VIII answer Mr.. fuckers letter
upon his return.
Mr.. fuckers Letter.
The communication Is as follows:
Norfolk. Va. Nov. "a, lyio,
governor William Hodges Mann, RICH
mond, Va:
Dear Governor,-The Ledger-Dis-
patch, of this city, in Its issue OF yes
terday, announced the fact that you
had declined to consider the question
4 OF calling an extra session or the Lcg-
sIslature for the purpose of passing a
Hill legalizing the primary system OF
II feel quite sure that large ma
jor!ty OF the Democrats of the state
will greatly regret your decision, II the
will doubtless feel that the facts which
have led the press of the state, voicing
the sentiment of the people, TO urge
such step. have not been brought TO
your attention.
"The primary system for the nomi-
nation OF state, county and municipal
officers in Virginia, ] feel warranted
in saying, has not received the uni-
versal approval of the party through
out the State, but 1t has been adopted
by the party as It's method of nomi-
mating candidates, and 1t is practically
lhe only method, For nearly ten.years
1t has been so used as method Of
malting nominations In the form and
sence of legal provisions to protect the
elections from abuses and frauds has
Lene an obvious defect in the system.
THE regular elections being protected
fully; by penal provisions or the
statutes; 1t ne has been thought BY BY
to the primary system, and many have
believed that, there. was, no necessity,
therefore, for legalized primary, as
1T was amply protected by existing
laws This view has been exploded
within the last few days by the de-
cision of two able and upright judges
here n Norfolk city and Norfolk coun-
ty, wherein they have held that there
Is no law on tho statute books to
punish frauds committed by election
officers in d primary, election.
Law lis Needed.
'Is such law needed? 1t must be
regretfully admitted that it is, and
though the elections may be conducted
the State, If there be found one or
more spots where such has not been
the case, and the registered will of
the people has been diverted or
changed. a Law to punish those guilty
of such acts, is OF prime necessity:
for fraud In one sspot, If tho spot be
large enough, may be sufficient to
change the result of an election in
the whole State.
Since tho Constitutional Convention
now nearly ten years ago, there has
been demand for such law. Sec
tion Sc of the Constitution declares
the General Assembly shall enact
for the purpose OF securing the regu-
larity and purity of general, local and
primary elections. and preventing and
any corrupt practices In CON /,
nection Herewith: and shall have
power. in. addition to their penalties
and punishment. now or hcren fter pro-
scribed by law, for such officers, to