The Oskaloosa herald., 1912-08-22
THE COMMITTEE
HAS FULL POWER
10 Select Candidate for Congress
to Fill Vacancy.
so SAYS ATTORNEY GENERAL
Sixth District Situation Discussed
and Explained in Letter To
Liston McMiiien BY Hon.
George Cosson.

The following letter has been re-
ceived by Hon. ListOn McMillen, in
reply to an inquiry sent to Attorney
General Cosson:
In yours of the 18th instant you
state.
Hon. N. E. Kendall was elected at
the primary election June j, 1912, as
the republican nominee for congress
in this 9Th congressional district of
Iowa, and resigned as such nominee
early in this month.
No congressional convention of
the republican party, under Section
10S7-a26 &as called prior to the coun-
ty convention held July 10, 1912, I'M
der Section 10S7-a25.
The writer, as citizen of said dis
trict, and candidate for nomination
to fill this vacancy in nomination re-
spectfully requests your opinion as
attorney general, on the five following
questions:
I'D Has the said central commit
tee the power to fill this vacancy?
90 Has any convention the
power to fill this vacancy?
"(3) What course should be pur.
sued to fill this vacancy?
90 Does the word primary re-
late 10 primary election in Section
1902?
90 Do you consider that an ex-
ira session of the legislature would
be advisable to relieve the situa.
tion?"
Code Supplement Section 1OS7-25 as
now amended Provides
Said county convention shall be
composed OF delegates elected at the
last preceding primary election, and
shall be held on the fourth Saturday
following the primary election"
This would fix the date of the coun-
ty conventions on June 29th instead
of July 10th, as stated by yon,-
Code Supplement Section 1OS7-a26,
as now amended, provides,-
In any **** congressional district
.
in any year in which a ***** repre-
sentative in congress of the United
States is to be elected a *"S** con-
gressional convention may be held
***** by each political party partici-
pating in the primary election of the
year Not less than ten days and not
more than sixty days before the day
fixed for holding the county conven-
ton a call for such **** COMPRESSION.
al convention to be held shall be is
sued by the party central committee
for any such district, and published,
etc"
The same section further provides:
mo such district convention shall
be held earlier than the first Thurs
day, or later than the fifth Thursday
following the county convention" -
Hence it would appear that the last
date upon which a congressional con-
: vention might legally be held was on
August LIST. 1912, which was prior to
the time the vacancy occurred in the
instant case.
1Out EcItloh
as now amended. provides,-
First for filling vacancies In nomi-
nations occurring between the prima-
ry election and the convention dates,
and second
Vacancies in nominations in such
offices occurring after the holding Of
a county, district or state convention.
or on failure of any such convention
to fill vacancy in nomination, as
aforesaid. then it shall be filled by the
party committee for the county, dis
trict or state, as the case may be-"
Hence in my judgment, your first
question should be answered in the
affirmative and the second in the neg
alive.
With reference to your third ques-
ton will say that said vacancy should
be filed by the congressional com
mittee, but il It is desired that a con-
vention be held, the county conven-
lions might be reconvened and dele
gates selected to a congressional con-
ventions and then such convention
could express its preference and then
the congressional committee in fill
ing the vacancy would have the bene-
fit of the advisory nomination thus
made by the congressional conven-
ton, but the power to I'LL the vacancy
regardless of the preferences OF the
convention would still be lodged in
the congressional committee.
With reference to your fourth ques-
ton will say that in my judgment the
same should be answered in the mega
tive. ...-,
Code Section 1902 was enacted at
time when there was no law regu-
lating the time or manner OF holding
primary elections, and must have re-