Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-23
FIELDER CANDIDACY
VIEWED AS. WRONG
Jersey Constitution Violated,
w. E. Sackett Avers-Points
to Voorhees, Precedent.
To the Editor Of the EVENING Star:

To the Editor of the Evening Star:
Within the next few days I shall
send to the Star, and others of the
State papers, an announcement as to
future campaign plans have in con-
temptation. Meanwhile before the
primary is held, 1 ask space to say
that the candidacy of an acting gov
ernor for the governorship presents
to the Democratic party of New Jer-
sey, as live wire in the shape OF an
issue as the adoption of the chan
cellor jury commission bill presents
to all the other voters of whatever
party.
The State constitution forbids the
election of one to the governorship
for two terms hand running. The
manifest purpose of that very wise
precautionary provision Is, of course,
to protect the people against the use
of executive power to overcome them.
The same reasons run against the
election of an acting-governor to the
succeeding governorship. He has the
same opportunities for the use of his
great prerogatives for his own ao-
vancement, and his candidacy Is
therefore as gross a violation OF the
spirit of the constitution as that of
a governor would be, A candidate
who flies SO f1agrantly in the face Of
the States organic law may well
arouse suspicion that he would have
small respect for the other safeguards
the people have written into 1t.
In the procedure that lifted Voor-
bees from the acting governorship
to the governorship in 1897, the State
wildly declared the candidacy of an
acting governor to be as violative of
the letter of the peoples bill of rights
as of the spirit. When he resigned
his acting governorship into Speak
Watkinss hands, voorhees, and the
State construed the constitution to
mean that the candidacy of an act
ing governor for a succeeding term
is as impossible as that of governor
would be. Constructively, Voorhees,,
serving the last year of the term in
which Griggs had been elected to
serve, was Griggs in another dis
guise. He took Griggs's mantle to
wear till the end of Grfggs's term,
and, so far as the prohibitive clause
was concerned, was as much Griggs
as if he had been Griggs himself.
With this precedent in eye-a pre-
cedent in which the State set the
policy of having the constitutional
inhibition run as specifically against
the Acting Governor as against the
Governor-the right of the. State to
assist an Acting Governor in his
reach of this new term Governor
ship is open to question. The Geran
law makes the primary procedure an
integral part of the States election
machinery. One has no more right
to employ one part of the system
than another for the promotion OF
an unconstitutional aim. If the
States charter bars him out of the
election, 1t bars him quite as much
| out of the primary. And the State
officials may have been helping an
Acting Governor to violate the con-
stitution when they permitted his
name to go on the official primary
| ballot. 1t may have no legal right
| to be there; If it hasn't, his title tc
| the Governorship, to which he hopes
| to be elected, may be open to chal-
| lenge.
Then there is a party aspect to g
| candidacy so violative of the States
policy that should admonish the
| Democracy to be cautious. In the
| event of the Acting Governor sue
ceeding in the primary, declara'
ton by the Republican State Con.
| vention In FAVOR or CONSTITUTIONS
amendment specifically forbiddint
the candidacy of anyone who may
serve in the Governorship, for the
term following. would, in the agita'
| ton such a declaration would be
sure to arouse, so seriously compro'
mise his candidacy and the party
countenancing the candidacy in the
popular estimation as to endangel
| his and It's success at the polls.
| Thanking you for the opportunity
to present this view, l am, yours,
| WILLIAM e. SACKETT.
| Newark, Sept. 20.