The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-09-28
FIXES ELECTION
DATE 50 THAT CITY
MAY HOLDPR|MARY
But Democratic Com
mittee May Yet Nomi-.
nate Senator.
CANDIDATES NOT
RUSHING TO FRONT
Governor Sets January 6 as Date
to Elect Senator to Succeed
Folkes-Party Leaders Want
to Know Who Will Pay
Cost If Primary Is
Called.

In order to give people of Richmond
time In which to express their prefer
ence In the selection OF State Sena-
tor. Governor Mann yesterday issued
writ for special to fill the vacancy
caused by tho resignation OF Elben e.
Folkes for Tuesday. January 8. The
General Assembly convenes jan
uary H.
Notwithstanding this postponement
Of the election, there IS said TO be
strong opposition within the ranks Of
the City Democratic Committee to a
party primary, and It was freely pre-
dictei last night that the committee
would ignore tho Governors action
and exercise the right which tho party
plan gives IT. and itself mako party
nomination.
Opens Primary Question.
Until yesterday II had been the an
nounccd intention of the Governor TO
call the special election on the day Of
the November general election. which
would not have left time for primary.
The change TO January 8, rcopcnins
the question o; primary. caused a
Tealignment OF the various candidates
and tentative candidates. Major Miles
NJ. Martin formerly chairman OF the
city committee. and Sun n member.
though his resignation nag been mailed
to the chairman. In king with the
Governor yesterday, intnatcd that in
would not be q candidate. Samuel l..
Kelley. who. with Major Martin, had
been prominently mentioned AZ the
choice OF the committee for the nomi-
nation. said last night that he was
not prepared 10 state whether he
would be a candidate in the event
OF primary.
Notwithstanding the interruption 10
his Practice, he was willing TO serve
for aiAty days az State Senator at the
call OF the party authorities. but he
exceedingly doubted whether he would
be Justihed In giving thirty days more
time 10 campaign in party pri-
mary. 1ys1va,s
No Timc to Campaign.
Il don't believe 1 would have thought
about being Senator at ALL" said Mr..
Kelley, had there been a primary. 4
willing to become candidate be-
fore the committee. and to serve In
The Senate. providing II doesn't mean
spending the early winter In cam
paigninG. / certainly will not attempt
TO influence tho committee for or
against a primary"
Several other men whose names have
been mentioned took somewhat the
same ground. They would make no
formal announcement OF candidacy un-
til certain what the method or cleo
tion waa to be. Some men who felt
that members OF the committee were
unfriendly, hinted that they would be
candidates only in the event OF a pri-
mary; others that they had not tho
t!y.e nor inclination for hurried cam
paiGn. but would serve the party II
called upon, and consider It an honor
SO I" do.
Chairman James II. Price. OF the
City Democratic Committee. was out
of town yesterday. Before leaving
on Friday afternoon, Chairman Price
stated that tho call for the meeting or
the committee would be issued ms soon
as possible after the Governor set tho
date for the election The meeting
will probably be held early this week.
and II will then be for the committee
70 determine whether IL will order n
primary or proceed 10 make a nomina
tion
For Primary. II Legnl.
Over the long distance telephone
from his country home near Ashland,
Clyde w. Saunders. vice-chairman of
the city committee. said last night. that
II It were practicable and tho law
would permit 1t, he was In favor of
primary rather than committee nomi-
nation.
''The Law and Equity Court passed
on tho primary plan in the Fcrrandini
case" said Mr.. Saunders, "and decided
that there could bc no legal primary
save that complying with the Byrd
law. The law IS n wretched make
shift which does not seem clearly to
provide for cases Of this sort. and
nm in some doubt whether 1t is prac-
ticable and legal TO hold n primary In
this case. The Byrd law. for instance.
provides only for the payment Of the
expenses of one primary. Now, we
have alreay had one primary, in which
we had candidate, Colonel Harwood.
who was declared the party nominee.
The Byrd law doesn't provide for
second primary In the event of the
nominee dying before the election and
that court decision stands in the way
of holding any primary except under
the Byrd primary law. The law and
the party plan. however. both dis
tinctly provide that the committee may
fill such vacancies and there is ex-
cc}lent precedent for such action.
May BE Impracticnble.
1.-The Byrd law provides that a party
nomination must be filed with the Sec
retary Of the Commonwealth sixty days
before the election. Then there is an
other requirement for twenty days no.
on the ballot. There are other re-
,urements In this makeshift law which
might be impossible OF fulflment in
the time we have.
when I left town Major Martin had
not announced his candidacy If he
Is a candidate I would feel it my duty
to vote for him, not only because it
seems to me he Is the man for the
place, but also because 1t was limited
the fight on Major Martin which
caused his failure to be reelected to
the committee In Lee Ward was be-
cause he had been helping In my fight
before the committee. He stood by
me. and I will stand by him. If he
should be out of the race, I will be
for tho man who will best represent
-