Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1913-04-25


AS the craftsman Of that law. and Of the
provisions bearing upon this particular sub
jet in the preceding primary election laws
Of 1908 and 1910. | say this with conf
dence.
Section 160K Of Article 80 of the Code.
as enacted by Chapter 2 Of the Acts Of
1912, the primary election law Of the State
provides as follows;
Every candidate for the nomination for
State Office. that is TO say, an Office filed
by the vote of all the registered voters Of
the State Of Maryland. shall be nominated
by conventions. the delegates to which
shall be elected in accordance with the
provisions Of this article by the direct vote
OF the registered voters belonging to the
political party Of which the candidate is a
member, and whose nomination for such
Office he is seeking; the ballots in such
cases shall contain the names Of the can
didates for public Office, delegates TO party
conventions, and managing bodies execu-
uves or executive committees, to be voted
for as provided in the aforeeoine sections
and in addition thereto and in the same
manner the names Of all candidates for State
Offices who have duly qualified to have
their names placed on such ballots in the
manner provided for by this article.
This language, namely, every candi-
date for the nomination Of State Office,
that is to say. an Office filed by the vote
of all the registered voters of the State of
Maryland. shall be nominated in the man.
ner prescribed by the act. in my opinion
renders it certain that nominees for the
Office Of United States Senator not only
may, but under the existing primary cleo
ton law must, be nominated as all State
officers are required to be nominated by
that law.
Plainly the definition Of State office
within the meaning Of the primary cleo
ton act, that is to say. an Office filed by
the vote of all the registered voters of
Maryland includes the Office Of the United
States Senator, which is an Office now filed
by the vote Of all the registered voters of
Maryland. The Supreme Court has also
held that Senators are State officers.
The new amendment to the Federal
Constitution abrogates and repeals the
Senatorial primary election law, which
formerly existed, and brings Senatorial
nominations under the primary election law
Of the State.
Il find nothing in Section 160A or 1906
Of the primary election law to limit the
broad, universal language of Section 160K
above quoted, but, on the contrary, in my
judgment the phraseology Of the provis-
ions Of every section Of the primary law
harmOnizes entirely with those Of Section
l60K and the conclusion which ! have
drawn from that section.
Section 160K, moreover, is the specific,
efficient clause which declares that all
candidates for State Offices shall be nomi-
mated by the direct vote. and, its provis-
ions being manifestly broad enough to
include the nomination of candidates for
the United States Senate, are, think.
conclusive upon the point.
The effect Of this also is to make I'M
necessary special session of the Legisla-
ture to provide legal primary for the
nomination Of candidates for the Senate,
because under the existing primary il will
only be necessary for the Supervisors of
Elections to add to the names Of the can
didates for other nominations upon the
primary election ballots the names Of the
various candidates for the United States
Senate. This. Of course, does not require
special primary election, because we must
have primary election early this coming
fall for the nomination of candidates for
other State Offices. Nothing more, then,
is required than the insertion upon the
Senatorial nomination.
Next, il may be asked. by what author
ity shall the election of a United States
Senator be held this fall The answer to
that is furnished substantially in what has
been said before. The election must be
held this fall under the mandate of the
Federal Constitution and the general cleo
ton law of the State. To briefly sum-
Marie, the Federal Constitution now re-
quires the election by the people of
United States Senator. The general cleo
ton law of Maryland makes provision for
the election Of the United States Senator.
Therefore, at the general election next
preceding the expiration Of the term Of
any Senator, it becomes the duty Of the
proper officials and the people of Maryland
to obey and carry out the Federal Consti-
tuition, availing themselves of the election
machinery Immediately at hand to elect a
successor to him.
THAT is the consideration which fixes
the next general election as the one at
which the successor to Senator Jackson
must be elected"
The new amendment directs the Gov
ernor TO issue a writ Of election in the
event Of a vacancy in the Senate, but Mr..
Straus holds that such writ is unneces-
sary because there is no vacancy in Mr..
Jackson's case within the meaning of the
law.
Mr.. Straus adds that he reached these
conclusions after conferences with num-
Der Of Baltimore city and county lawyers.
including VIM H. Lamar. Geo. S. Brown,
VIM. L. Rawls, William Pinkney Whyte.
Jr.. David NJ. NewbOld. Jr., John Phelps,
Arthur P. Shankin and W. Mitchell Digges,
all Of whom concur and agree with the
reasoning and conclusions stated.