The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-05
National Committee Has No
Authority to Alter Basis
OF Representation in RepuAs
llcan National Convention.
To Conform With the Laws -
the Several States.
The Opinion Of Tie Legal
Branch Ii Submitted.

Bfo4c4 - S0Um1tt00s
Detroit. Mich. Dec. 5.-The Re-
publican national committee has NO
authority to change the basis Of repre-
sentation and voting in national con-
ventions.
The national committee has author
ity to change the manner and method
Of choosing delegates to future ma
tional conventions SO as to provide
that delegates be chosen in such man
ner as the laws of the several states
from time to time may provide. Dele
gates shall be chosen according to the
laws Of the state they represent IN.
stead OF according to the discretion
of the committee itself.
The national committee has the
authority to call q special naflona!
convention Of the party, the legal
form Of which call is provided by the
legal committee.
These conclusions are reached In
an opinion made public here today oy
Charles B. Warren of Detroit, chair
man of the legal committee, appointed
by the executive committee OF the Re-
publican national committee:
The executive committee in WASH
ington, May "a, last, adopted reso-
luton requesting the chairman to can
a meeting of the national committees
to be held within sixty days after the
expiration of the special session. o.
congress convened in March, 1c!e.
The national committee will consider
among other things proposed plans xor
party congratulations. The legal COM
mittee was named to make detA1le0
examination OF the questions tnAs
the opinion now submitted, IL q new
member of the national COMMITTEES.
He was one OF the lawyers Tor the
United states in the arbitration with
bunal Of the North Atlantic fisheries
controversy.
All Members Concur.
The opinion is concurred in by the
other members Of the legal committee.
who are: United States Senator Wesley
T. ZONES Of Washington; Represents
tive James r. Mann. Illinois; James
i A.. Fowles OF Tennessee. Former as
| sistant attorney general; william mar
shall Bu1litt of New York, former so
nofs, and Sherman Granger OF Ohio.
In reaching his conclusion Mr. War
rem quotes extensively from national
conventions Of the party from that OF
1856 to that OF 1912.
The first question considered was:
HAS the national committee au-
thority under its present powers 10
change the present basis of repre-
sentation and voting in national con-
ventions now. aside from representa-
ton from the territories. territorial
possessions and the District of Colum-
bia, being q number Of delegates from
each state equal to double the NUM-
ber Of senators and representatives In
congress from that state, each en-
titled to one vote?"
"To answer this opinion" says the
opinion, 'it is necessary to ascertain the
source and extent Of the powers OF
the national committee. ana to de,
termine whether the various national
conventions have determined and fixed
the basis of representation and voting
| in national conventions, to be changed
only by a national convention.
No Federal Law.
s"There is no federal law providing
for the election Of q national commit
tee While it il true that In limited
number of states a method il provided
by statute for the naming or nomi-
mating of a member Of the national
committee, 1t is. nevertheless, true that
| the members of the national commit
| tee. have invariably been elected by
| the national conventions Of the party
| since the election Of the first commit
| tee by the convention of 1856.
Whatever method the law Of any
| state provides for the selection of a
person to represent the Republican
| electors Of that state on the national
committee, such selection Is, in fact.
| only a nomination properly to be ac-
cepted by the delegation from such
state in presenting to the next national
convention the name Of a member from
such state of the national COMMITTEES.
The nomination Of members Of the
national committee has uniformly been
made in national conventions by the
delegations from the several states and
| territories, but the election Of such .
committee has Invariably been by the
national convention.
The national committee IL then the
creature Of the national convention It
possesses NO authority derived from
any other source whatever. It obtains
all its powers from the national con-
vention, and derives no authority
whatever from any federal or state
i law"
Past Conventions.
After examining the proceedines Of
past conventions. this conclusion IL an-
nounced.
TT il the opinion Of your committee.
therefore, that the national conventions
Of 1908 and 1912. as did former con-
ventions. beginning with that OF 1850.
prescribe the present basis Of repre-
sentation and voting IN national con-
ventions of the party. that IL, that the
number Of delegates from each state
should be double the number of sena-
tors and representatives in congress
from the state. each entitled to one
vote: and that any change therein must
be made by national convention or.
with the authority Of q national con-
vention.''
1 The second question. censldened b:
Has the national comm1etee authority
to change the u1auner and m9thod Of
choosing delegates 70 future national
J conventions 20 - TO provide ta) that
delegates both from the states ak large,
and from congressional dfstr1ct1, may