The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-12-08

~ Auty, but am Just as sure that
4 10y were l..istakeu in their Judgment.
\ 1nd that the law 10 constitutional.
Csecs jackson Wise sasc.
s .sTAis conclusion Ii fully justified
4 ~ the cnse OF Commonwealth against
\ Jackson Use, .uose IN primary
htcction, who vas indicted in ue
Musings Court of the city % Rich
uDnd. on the 2ist OF December. 1905.
under the gtueral Law, the same under
which the Norfolk election officers
were indicted. There was dcinaF~
\ rtr to the Indictment because the ttfe
~ the act WAS not broad enough to
cover its provisions Ill respect 10 pr
mary elections, and the ease. as uh*
derStand it. the same IN al respects
Aslhe Norfolk case. Judge WIT over
ruled the demurrer. and MISC ~as
found guilty OF "A misjieNeanor aud
his punishment fixed AT confinement Vi
the jail OF the city ~ Richmond Tor
ninety days. Wise, by his COUNSEL,
presented his petition 10 tie supreme
Court of Appeals ef virginia for a
writ OF error. hieh was denied NY
that eoutr on the 10th ~ April, ise6.
thus establishing the constttu'.onal.t$
Of the fact to Secure the Regularity
and purity ar primary elections.
AS you base your l6tter largely
judges. which is directly opposed TO
the decision of the Supreme Court. 7
might stop here and be justified IN an.
position, Btt ] think Il eat fair to
the people ii the Second District and
to the officers charged with the man
egenaeiit al the party holding the PR
mary TO state. that upon complaint
Of fraud. the charges were at ence
investigated, "A new primary ordered
and held, and result reached which
Is free from all faint or charge u
fraud So FAR as | ala Informed.
Third, Looking al th5 request in
yc.r letter from tho standpoint Of
the State. Beg - remind you that
IL special session Of the Lagi stature
shouli now be called. one OF it's most
important slaties would lie 10 elect q
successor to Senator Daniel and thus
deprive the people of the State from
deciding hy primary who that Cite
ceseor would be. and Sc defeat the
declared policy OF the State In re-
spect 10 the choice OF United States
Senators.
Fourth. I do not think with law
declared 70 be constitutional BY ctr
Supreme Court, making the previs-
Ions regulating and controlling gen
erAl elections applicable Ia primary
elections. and under which we have
lived since 1904, and which three
legislatures have declined to change,
although two bills were offered 10
the Legislature of 1905, one to the
Legislature OF 1908 and four 10 tho
Legislature Of l9to. none of which
passed beyond Its ilrst reading, that
would be Justified IN calling IA spe-
ciai session Of the Legislature.
Extra session Expensive.
4f.4.t ! H.
islaturc would cost inevitably from
aixty to sixty five thousand dollars.
and perhaps much more. While no
expenditure would he too great were
the purity of our elections at stake,
puch an expenditure In the circan-
stances would be nnreasonably bur
densnnle to the taxpayers of the
State.
I'm conclusion. presume the Jet
tiers of Messrs Eehois and Mcintyre
have convinced You that you were
not correctly informed in respect 10
the recommendation for a iegalzed
primary In the report OF the special
committee charged with the investi-
cation OF the frauds in the Second
district primary. And now that your
attention has been called To the de-
ctsion of the Supreme Court in the
case of jackson Wise, and To the
duty OF the special session. II called,
10 elect United States senator To
MI the vacancy oceasioned by the
death Of the heicved and lamented
Daniel without the opportunity for
primary. ard 10 the enormous ex-
pense OF an extra session, trust You
will agree with me that my decision
not to call the Legislature together
Ii wise aud for the best interests of
the people of this Commonwealth.
Certainly this Is my conclusion. and
II one to which | must adhere
Very respectfully.
''N-M HODGES MANN.
Governor Of Virginia