Omaha daily bee., 1911-03-05

lar nomination Of presidential candidates
would be achieved.
Cnn The states ReEulntef
Tn new Oregon primary Law Be- separsble
into two parts. The first has 70 do with
the choice of national convention dele
gates. In requiring that these delegates
be chosen by direct primary. Oregon is
not breaking ground because wisconsin's
primary law has for several years EN-
braced this feature and Wisconsin sent
delegates 10 the 1908 national conventions
30 chosen. RE did also several other states
some like California and Ohio. by virtue
OF primaries ordered by the state orEani-
nations under optional or permisHive laws
The power Of a state 10 enact Legislation
governing national conventions has how
ever. been seriously questioned In 1907
the subject was referred 70 by the Repuh-
licun National committee 20 three Of the
Rblest lawyers In the country, vito agreed
that these conventions were entirely eE-
trR-leERl and beyond the jurisdiction OF
state lawmakers. and possibly also Of fed
eral lawmakers. and that all states could
do was 10 regulate the machinery OF pri-
mary elections within their own EeoEraphi-
cal limits and 10 govern the conduct Of
party committees in charge Of state or
each national convention is itself the plen-
AIRY power Of the political party in the ma
ton and that its DEGREES are independent
Of any lRwmaking body and paramount to
any enacted laws in conflict with them
Let me illustrate by recalling that the
republican party has a definitely estRb-
nshed dual unit Of representation, the state
Tor delegates-at-larEe and the congress
sional district Tor district delegates. For
each delegate an alternate is 10 be chosen
IN the same manner Rs she principal and
commissioned TO act for him in the event
OF disability or absence. When the leEis-
lRture Of democratic Mississippi undertook
20 require Rll delegates 10 be selected in
state convention. conforming TO the demo
cratic unit Of representation which Is the
state. il made compliance with this law
by which all the districts but one might
be left without delegates q defiance OF the
conditions laid down by the republican ma
tionRl convention, which Is the highest
party tribunal
Again Wisconsin primary law. as origl-
nally enacted, provides that while the deie-
gates must be chosen by direct primary in
each representative district, the alternates
should all be appointed by the state com
mittees OF the respective parties. The alter
mates therefore. might be named without
regard to districts and should the contin-
Eency arise by which the delegates were
unable to act and the altsrnates be called
on 10 serve. the republicans Of various
congressional districts might be completely
disfrRnchised.
OreEOm's New Law.
The newly adopted Oregon law collides
with the custom OF the convention in more
than one place. Under the Oregon law a
special primary is to be held once every
four wears on the forty-fifth day before
the first Monday in June at which all the
delegates Hpportioned 20 that state are to
he chosen by direct vote, but no electur
is TO vote FOR more than one delegate. Ore
gon's law wipes out entirely the recognized
republican unit Of representation in the
congressional district and seeks 10 make
all the delegates observation-disclosures. Not
only this hut It would deprive every mem
Der Of q party in Oregon Of his equal
voice In presidential nominations enjoyed
by members Of the party in other states
Overrides Existing Practice.
To explain more In detail under the
existing rule every member OF the rspubli-
can party Is entitled 10 8 voice in the selec-
tiOn OF six national delegates, namely, the
four deleEates-Rt-lRrEe for his state and
the two delegates for his district: every
member OF the democratic party is SINH
larry entitled TO q voice In the selection
of not less than six delegates and may
have a voice In the selection OF the whole
number TO which his state is entitled. The
Oregon law would limit the franchise Of
each party member TO the selection OF
single delegRts. The Oregon law further
fails 10 make any provision whatever for
elscting RlternRteB Incidentally, II should
not be overlooked thBt the last republican
national convention and that while these
rules leave the method OF electing dele
gates TO be prescribed in the call issued
by the national committee they expressly
require the alternRteE TO be chosen at the
same time and in the same manner as the
delegates
How easily the Oregon law could be multi
fled II there were any purpose 10 do 30 is
plain. II specifies a fixed date (Which in
1872 Will be April 10, for the presidential
primary, assuming that the several ma
tiOnal nominating conventions will invRri-
ably be hello In June and July as usual
But the dates OF the conventions are wholly
within the control Of the several party
organizations and could be put In january
OF March OF any OLneI month Lnhl seemed
preferable. IL the conventions were called
TO meet in advance OF Oregons primary
day, the Oregon plan would never get
started.
Presidential FregerenceH.
The second part Of the new Oregon prim-
AIRY law has 10 do with 8 preferential ex-
precision on president and vice president
as advisory instructions on the national
convention delegates. Neither is this fes
turs unique, although 80 far as ] can learn
II Is the first instance OF a law providing
for such straw ballot under official super
vision. Ohio held statewide primary In
1893 designed 10 determine the choice OF
Ohio republicans Rs between two Ohio can
dtdates, but the supporters OF only one
candidate entered into the spirit Of 1t and
the arNhelminE endorsement OF Mr. Taft
did not prevent the delegates from two con
groEsional districts voting against him, thus
depriving him OF the benefit Of q solid
delegation from mis- own state
But In Oregon the names Of presidential
and vice presidential possibilities are 10 be
filed. with or without their consent m the
same manner aE are names OF candidates
Tor state office and printed on the prim-
AIRY ballot, Their merits and dement's are
to be set forth IN the official gBupnis-n