St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1911-11-11
Gen. Guion Sustains
State Central Committee.
Saws It Has Power to Change
Date Of Second Primary.
But that Date of First Prl-
mary Can't be Changed.
February 27 Date Fixed for
the Second Primary.

Judge Walter Guion. attorney gen.
eral, in reply to Chairman Albert Es-
topinal, OF the Democratic State cen
trail committee, rendered his opinion
yesterday, that the action of the COM
mittee in changing the second pri-
mary election from Mardi Gras Day
to Feb. 27 was legal and properly
authorized.
In his letter to General Estopinal,
Chairman J. Zach. Spearing, of the
Democratic Good Government
League, submitted the following
questions, which in turn were sub
mitted to Judge Guion:
"First-Can the Democratic State
central Committee change the date
OF the first primary, which, as you
know, will automatically change the
date of the second primary?
tSecond-Can the Democratic
State central committee change the
date of the second primary without
changing the date Of the first pri-
mary?
"Third-1f there is no legal au-
thority for changing the date Of the
second primary without changing the
date of the first primary, and if the
Democratic State central committee
nevertheless directs a change of the
second primary, with or without the
consent of the candidates, is there,
or would there be, any danger or
probability of the candidates who
may receive a majority of the votes
at such second primary on the chang
ed date being left off of the official
ballot at the general State election,
or would such candidates have an
abs iute and undoubted right 70
haze their names placed .ncn of
Gsial hsilsI.
Fourth-If the date of the first
primary be changed, would the time
for making or applying for nomina-
tions be extended for twenty days
from the adjournment of the COM
mittee to-day would the nornfna-
tions already made be in any manner
a1e ,ted?"
Replying, Judge Guion says:
Answering these questions in the
order in which they have been asked,
beg to advise you as follows:
First-That the Democratic State
central committee is without authori-
ty to change the date of the first pri-
marv election ordered to be held on
the 23d of January, 1912.
sSecond-That the Democratic
State central committee is given the
power by law to change the date of
the second primary election without
changing the date of the first pri-
n.ary election.
''Third-That, as in my opinion
here is legal authority for changing
the date of the second primary elec-
tion, without changing the date OF
the first primary election, even with
cut the consent of the candidates,
there will be no legal obstacle in the
way to prevent the names of the can
didates nominated at such second
primary election from being placed
in the official ballot for the general
State election, and, in my opinion
al! such candidates thus nominated
would have an absolute and un-
doubted right to have their names
placed on such official ballot
This is my opinion, but as the
courts may hold otherwise / am not
in position to advise you as to the
danger or probability of the candi
dates - being left off of the of
fetal ballot at the general State elec.
ton ] can only say to you that
will advise the proper officers charg
ed with any duty on the subject thai
the names of all persons so nominal
ell should be placed on the officia
ballot for the general State election
| in April Next, 1912.
Fourth-As I have already helc
in answer to the first question asked
| that the date of the first primar.
leiection, already fixed, cannot b.
changed, / do not find it necessar.
to answer the fourth question asket
by Mr.. Spcaring, except by STATING
(trat, as the Democratic State cen
(tral committee did meet on the frs
a call for State primary to be hell
on the 23d Of January, 1912, tn
nominations already made in com
piiance with section of act No. 4
OF 1906 would be affected by an,
change in the date of the first pri
mary as ordered"
After quoting his authorities an
going into the case in every detail
Judge Guion continues:
''It is plain to my mind that th
General Assembly intended that n
second primary should be held les
than four weeks from the date o
a first primary. but as it. did not e
a particular day for the holding Q
| such second primary nor declare tha
such second primary should be hel
| within a given period, but merel
! that it should be held flour week
from the date of the said primary
II am of the opinion that the statut
should be construed literally, so a
to enable the State central cOmmitte
to fix later date than four week
after a first urimarv olncfio,1 fns. Sh