The Barre daily times. (Barre, Vt.) 1897-1959, 1912-03-28
ASEC0ND PRIMARY
IS CALLED FOR
Roosevelt Committee In New York City
Appealed to Gov. Dix to Declare
the First Invalid.

the First Invalid.
New York, March 2S.-Characterizing
Tuesdays primary in New York county
as farce" Charles H. Duell, chair
man of the Roosevelt committee of the
city Of New York, after conference
with Roosevelt leaders, yesterday ap-
pealed to Gov. Dix to declare the pri-
mary invalid, and provide for a second
primary. Samuel S. Koenig, chairman
of the Republican county committee, and
William Barnes, jr., chairman of the Re
publican state committee both express
the opinion that second primary would
be illegal.
Leaders of the two factions of the
party cannot agree as to who is re-
sponsible for the failure to deliver Off
ci,l ballots at many of the polling places
Tuesday. Chairman Duell insists that
the Republican county organization was
responsible, while Mr.. Koenig declares
that the board of elections and the Off
eial printers had complete charge of
the printing and distribution of the bal
lots. Chairman Duell's telegram to Gov
ernor Dix read in part;
THE newspapers of this morning,
without regard to party or political al
filiation, declare, that yesterdays al
legged primary election in this city and
throughout the state was farcical break
down of the election law. Great NUM-
hers of voters were deprived of the OPP
portunity of casting their ballots. The
official ballots in many election districts
were not delivered at ALL and in even
more numerous Instances, were delivered
shortly prior to the close of the polls
The fact that where official ballots We're
not supplied, no copy of the official
ballots containing the names to be vot-
ed fG were at the polling places, made
it - sically impossible to substitute
ihfSwnal ballots.
"The provision of the primary law
for judicial review OF any action or
neglect of an official or public officer
in connection with the primary law con
templates a court proceeding in each
separate instance of wrong or irregu
larity. As an avenue OF redress TOR
yesterdays collapse of the primary elec
tion it would require the institution Of
thousands of special proceedings and Il
resultant clogging of the courts, and the
indefinite delay and ultimate defeat Of
the voter seeking to protect his rights
under the primary law
"In the interest of honest politics
we ask you, as governor of the whole
people of the state of New York, to
give this matter your immediate official
consideration, so that by proper recon-
mendation to the legislature now in ses
sion and with its cooperation, proper
steps may be taken for the vindication
of the law now on the statute books,
and what we deem even more impor
tant, the vindication of the civil rights
OF the citizens of the state, underlying
tbs statute.
Without presuming to formulate your
course of action, it is manifest, we
think that another primary should be |
held at once TO abate the public sense
of outrage and to solve an intolerabe /
situation"
When Chairman Koenig's attention
was directed to Judge Duell's telegram |
to Governor Dix, he said:
"'rhe Republican county committee |
VIII IOJ obJcSb " giving bHt NuItls III !
the districts where there were no bal |
lots, an opportunity to cast their ballots
but why should we join in request % |
the governor to throw out the returns |
OF yesterdays primary and take steps |
to have the legislature convened in eX-
session to provide for sec /
ond primary contest? Such action in
my opinion, would be be illegal"
Last nights revision of the primary
for New York county showed i
no material change from the figures as
Tuesday night. Forty-two
out of the 3S5 election districts were
still missing, owing, in some instances,
to the ballot mix-ups. The returns IS
given out at tha Republican county com
mittee headquarters gave the following
total for the thirteen congressional dis
tricts of the city:
Republican organization, 3l,lll.
Roosevelt opposition, l2,262
Organization plurality, 1880.
Total enrolled Republican voters, sO-
$40.
Total votes cast, 1888.
Says Governor Has Not Power.
Albany, n. Y, March Ex-Governor
Dix has no power to order another pri
mary election in New York City, as the
question is one with which the legisla-
ture and the courts must deal. This Is
the substance of an opinion given to
Governor Dix last night by Attorney
General Carmody.
William Barnes, ir., chairman Of the
state committee, in state
ment last night, contends that there
is no legal standing to the suggestion
that another primary be held.
The opinion of the attorney general
was given the governor after the lat
ter had received telegram from Charles
r Duell of New York, chairman of
the Roosevelt committee, protesting
against the conditions that existed at
the primaries Tuesday and suggesting
that another primary should be held "to
ahate the public sense of outrage and
to solve an lntolerable situation"
HE WILL NOT BOLT