New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-12-03
Right of Congress to Enact
Such Legislation Is
Questioned.
MANN SEES ELECTOR
ELIMINATED BY 1T
Proposed Method Would Be
Equivalent to Voting Direct
for President.
From The Tribune Bureau

Washington, Dec. 2.-Did the Pres dent
advocate an extraconstitutional step when
i'm his message to-day he urged "legisla-
ton" establishing popular primaries?
In advocating legislation for Presiden-
tial primaries President wilson mas raised
serious doubt In the minds Of members OF
Congress as to the constitutionality OF his
proposed plan for changing the method Of
naming the nominees for the office OF
Chief Executive The President suggested
Legislation" rather than an amendment
TO the Constitution. He left TO congress
the task Of working out system along
general lines laid down in the message.
Immediately the issue Is raised as 10 the
mower Of the federal government over the
election practices OF parties in the several
states.
Senator Smith. OF Georgia, said to-
night: There is grave doubt that the
federal government can prescribe the
method by which Presidential candidates
shall be chosen, whether by convention or
by primary elections"
Several Senators expressed the view
that the Presidents end could be achieved
only by an amendment TO the Consttu'
ton.
THE question is debatable one" said
Senator Borah, but believe that line
Of decisions OF the Supreme Court OF the
United States in civil rights cases AFFORDS
sufficient basis for the enactment by Con-
gress Of a new primary law"
Mann Sees II Coming.
Representative Mann, minority leader
Of the House and an able lawyer De-
lleves that the Presidential primary Is
coming. but after preliminary study ne
questions the efficacy Of mere legislation
bv Congress TO bring it about. Mr.. Mann
said tonight that several members OF the
House were looking into the Presidential!
primary suggestion made by the Pres
ident.
Perhaps a plan will be worked out
whereby legislation TO bring about the
change will be sufficient" said Mr.. Manu.
but | now believe an amendment 70 the
Constitution is necessary. l do not see
how it can be safely done otherwise.
The question naturally arises how far
can the Congress go in telling the states
how they shall express their preferences
for Presidential candidates. II the states
vote directly for Presidential nominees
1t should follow that they vote directly
for the candidates themselves. This would
eliminate the electors, and undoubtedly
constitutional amendment would be re-
CURED.
III we are going TO have a Presidential
primary system the safest way Is 50 20
amend the Constitution as 10 provide not
only for direct nominations OF candidates
but for direct election Of candidates hy
name. | have been unable 10 figure ont
how Congress may meet the question
simply by the passage OF a bill and
note that the President failed 10 say
anything about an amendment To the
Constitution"
The attention Of Mr. Mann was called
to that paragraph OF the Constitution pro-
viding that each state shall appoint, 20
such manner as the Legislature thereof
may direct, number Of electors equal
10 the whole number of Senators and
Representatives 10 which the state may
be entitled in Congress-" etc.
Has Congress the Right
suppose a state. or a group OF states.
should decline to use a primary system
and should adhere TO the convention
plan. refusing TO recognize the primary
nominee and putting up another candi-
date. in whose favor electors eventually
would be named" Mr.. Mann was asked
what would happen?"
That is a remote possibility" he said.
The states are not now bound By law
To recognize the party candidate, oit
they do so a sort Of moral obligation
and probably would follow such a course.
no matter by what method a successful
nominee were named. Since the founda-
ton OF the government candidates have
been named in various ways. and We
have now the general acceptance Of the
convention system. which Is supported
through sense OF moral obligation.
The main question is. Has the federal
Congress the right, by passing a bill
which the President apparently suggests
to set aside the convention system OF the
parties and TO say TO the several states
that nation wide. binding primary shall
be held? That is the question several
members OF the House are now study
ing"
Almost without exception, members Oh
Congress approved to-day the abstract
principle OF the Presidential primary, ou'
Mr.. Mann and others requested by Ihe
Tribune for an expression OF opinion
have raised vital point 10 when VIII
be devoted hours OF study ana DEBATE
when the Presidential primary lue@
reaches legislative status.
ITS our idea jealousy said ltouSe
Progressives to-day, after the reauins u
the Presidents message. we nave o''"
for Presidential primaries all a'ons'
Representative Victor MurdoeN' u1
Bull Moose leader, said he WAS sl"
the President had gone to Kansas u 3.
the primary idea and plan lo' 10"
council To make the PLATFORM 10,
naa ,hat IN our state affairs for several
years.