Mexico Missouri message., 1913-10-16
SENATORS WANT
EXTRA SESSION
BELIEVE MISSOURI ELECTION
LAWS MUST BE AMENDED
BEFORE PRIMARIES.
BARKER AGREES WITH THEM
Secretary Of State Roach Thinks the
Present Laws on Subject SUI
ficient-Quotes state Stat
utes Covering Subject.

Jefferson City.-If Senator William
j. Stone was assured that nobody
would bob up with an injunction
apainst the secretary of state to pre-
vent that official from putting the
names of candidates for United States
senator upon the official ballot, he
would not be in favor of an extra SEES
sion of the legislature to amend the
primary and general election laws.
Il am not laundering after an extra
session of the legislature to amend
these laws IL it is not necessary. l
would dislike TO impose this burden
Of expense upon the people. But sup
pose at the last minute some fellow
should bob up with an Injunction
against the secretary of state to pre-
vent the names of senatorial candi-
dates going on the ballot. That would
throw the whole matter into tangle.
81 do not believe there would be
any Question about the seating OF
United States senator elected under
the laws as they now stand. The
United States senate would not quib-
bic over a matter of that kind. The
only thing fear is an attempt to en-
join the secretary of state. If | see
the governor intend to have talk
with him about the laws, but | did
not come here for that purpose
Senator Stone spent a day at JEFF
ferson City and later left for st. Louis
and Washington.
Are you disturbed about the ru-
mors of opposition" he was asked.
"Of course | am. had hoped to
get a nomination without opposition
for once in my life"
Senator Stone says he has indorsed
nobody for United States district at
torney at st. Louis. which is sought
by Frank W. McAllister of Monroe
county, Joe Davis and George 7.
Moore of st. Louis.
There is no necessity for an extra
session Of the legislature to make the
general primary law applicable to
United States senators as we'll as 9th
| CT elective officers, according to Cor
nelius Roach, secretary of state.
Gov. Major sticks to his assertion
that an extra session is not necessary.
He does not believe any amendments
to the primary act are necessary, but
snys there may be some minor
amendments to be made TO the gen.
eral laws by the next legislature.
Attorney General Barker comedies
IN the absence of any legal proceed
ings that the nomination and election
OF United States senators sould be
accomplished under the terms of the
primary and general election laws as
they now stand, yet he is inclined to
agree with Senator Stone that the
laws should be amended before any
attempt is made to nominate or elect
n United States senator.
Senator James a. Reed in a letter
| TO Attorney General Barker takes the
view that an extra session of the leg
| islature is necessary for the amend
mcnt of the general primary act and
the regular election laws to make
them applicable to the new method
OF electing senator's.
Following is n formal statement
prepared by Secretary of State Roach
upon the question::
"In my opinion the primary cleo
ton laws of this state are in such
general terms that there is no occa-
sion whatever to have an extra SEES
sion of the Legislature in order to
make these laws properly apply to
the nomination and election OF United
States senator. There is no one who
will dispute that wherever a state law
| is in conflict with a provision of the
! United States constitution the latter
| only is effective. The federal consti-
| tuition, having been amended to re-
| cuire the election Of United States
senator by direct vote of the people
repeats the Missouri law for nominal
ing United States senator at n pri.
mary election The first section of
the Missouri United States senator
primary election law says: AT each
general election held in the state of
Missouri at which a legislature is
chosen, whose duty it shall be to
elect United States senator. etc.
Under the provisions now of the fed
eral constitution, there will be no leg
islature elected having the duty of
clecting United States senators. The
state law on this subject is at an end
In administering the election laws
hereafter this department will en-
tirely ignore all the provisions of ar.
ticle 16, chaper 43, Revised Statutes
of Missouri, 1909.