The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-09-15
PRIMARY Law IS
NOT 50 DEFECTIVE
EMAJoR MARTIN SEES 40 caEAr
DIFFICULTY IN HARMoNiEING
PLAN WITH RI.
NEGROES CAN VOTE
STATE GETS ASSESSMENTS FOR
STATE OFFICES, CITIES AND
COUNTIES MUST PAY THE

committee. and one OF the best In
formed lawyers In Richmond on cleo
ton laws, sees no great difficulty in
the way Of harnlonizing the party
plan with the lesalized primary law,
though he admits that it is complex
and presents some snags. He is not
any more pleased with the Byrd law
than other party leaders who have
expressed themselves on the subject,
characterixing It rs defective in many
respects and incomplete and the next
assembly, he feels sure. will be called
upon to amend it. He takes an OPP
timistic view OF the situation how
ever, believing that 1t was the best
that could be done under the circum-
stances and with proper licking into
shape" can be made q beneficial law.
MAJOR Martin Is probably better
posted on the points at variance be-
tween the party plan and the law than
any man in the State, though he SAYS
fnat It II ccmptexy constructed. and
that one can find some new differ
ence between the two every time he
Gigs deep into 1t. 1t was he who dis
covered the fact that the CITY COM
mittee had no right under the new
law TO make mandatory the vote for
I'VE IN the recent primary. but he had
given the clause no thought until after
the action OF the committee had betn
taken.
Thinks Negroes Can Vote.
Pressed for an expression yesterday
MAJOR Martin said In the first place
that he did not agree with Attorney
General Williams In the opinion that
the new law shuts out negroes from
a Democratic primary II recognize
ms opinion as more authoritative than
mine, he said, 'but my opinion OF
the Byrd law is that the primaries
are open TO all without regard to color
providing they comply with the re-
1airemeHts. Any other construction
would be violation of the const,tu-
TON Of the United States II they
pledge to support the candidates In
the fcction, or If they voted the Demo-
cratic ticket in the preceding election
or TOOK no part in the preceding cleo
ton. they are entitled 10 vote,
Inc new election law provides for
holding primaries for United States
senator as does the party plan. Major
Martin questions whether such pri-
mary can be held under the new law
II ne law he SAYS, seems to con-
template direct primary only for the
domination OF candidates TO be voted
ior IN the Following election. There
is some doubt in my mind as tn
whether 1t would apply to candidates
VINO are elected by the legislature. and
not In the election. Under the Byrd
law only two friends of the candi-
date- can be admitted to the polls
Tor the purpose of watching the count
Of the ballots. Where there are more
tnan two candidates Tor the same Of
fce two are chosen by the majority
and two by the minority Under the
party plan each candidate has a right
TO representative.
Inc Byrd law In terms excerpts the
nomination Of presidential cleo ors or
Tor candidates to fli vacancies.
STATE Gets Money. DoAsn,4 Pay.
Inc Hyrd law provides that can
oiaates Tor the SENATE house OF dele
gates and State Offices paw their as
sessments to the treasurer OF the State
OF virginia All other candidates paw
their assessments to the treasurer OF
the city and county in which they
I'VE. This, notwithstanding the fact
tnat the cities and counties nay all
election expenses out OF their own
treasures. The new law fxes the as
sessments as per cent Of the first
years salary as the candidate,s en-
trance fee to the primary. under tha
party primary plan the various COM
mitteees assessed the candidates. nm
ger the party plan the candidates paw
Inc entire expense of the fiddled, while
IoW. uhoer the new law. IL the assess-
Ihehts provided do not meet the ex-
'penses the various city and county
committees must make I'm the bal
ance.
The Byrd law specifies the Tina
limits and fixes all the details for the
primaries, taking these ont of the
'nanos OF the various committees as
the party plan leaves them.
Act Not Compulsory.
mlAapprehension seems to pre-
vail as regards holding a primary or
other methods OF nominating candt-
dates" said Major Martin. The Byrd
act does not make the primary com.
pulsory, but IL a direct primary "a
adopted. such primary must be held
Ahuer the provislons of the act Tax
lnk = attoðer, with few possible
sseep.ons that ! have mentioned. i do
not TANK ~ VIII be ditficult to adjust
the party plan to the new law
THE BYRD act. while defectiv. IN
many respects and incomplete in MANY
others seems to have been tia ha:t
law thaf could be passed al thar tima
ana with proper amendment can he !
leade complete and become :. i most !
beneficial law.
understand my friend Mr.. Byrd |
aisciaims any responsibility for the
act. do not think he need be
ashamed OF the infant; the only criti- 1
eism would be- that he was not sum |
ciently careful in its bringing up after
ne had lauched 1t upon the troubled |
yea Of politics.