Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-05

kepQDIlCd0 N0tIODdl L0m,
mIilee Can't Change Voting
tCont,nsed srprD ..aee one,
{ngIon, May "a, last, adopted a reso
luton requesting the chairman itc
call meeting of the National com
mittee. to be held within so days al
ter the expiration of the special SEES
sion of congress convened In March
1913. Inc National committee will
consider, among other things, propOs
ed plans for party reorganization. THE
legal committee was named to make
detailed examination Of the CUES,
tons that would arise. Mr.. Warren
who wrote the opinion now submit
ted, is a new member OF the National
committee He was one ,of the law
yers for the United States in the ar
bitration with Great Britain before
the Hague Tribunal of the North At
lantic fisheries controversy. The
opinion is concurred in by the other
members Of the legal committee, who
are, United States Senator Wesley
l.. Jones of Washington, Representa-.
tive James r. Mann, Illinois; James
a. Fowles of Tennessee, former as
sistant attorney general; VIM. Mar.
shall Bullitt of New York, former So
licitor general; Roy o. West of ILL
nois. and Sherman Granger of OhiJ.
In reaching his conclusion Mr.. War
ci1yn1 no
conventions OF the party from that
of 1856 to 1912.
The first question considered was:
HAS the National committee au,
thority under it's present powers -
change the present basis of represent
alton and voting in national conven-
tons now, aside from representation
from the territories, territorial pos.
sessions and the District of Columbia,
being a number of delegates from
each state equal to double the mum.
Der of senators and representatives
in congress from that state, each en-
titled to one vote?"
ITO answer this opinion says the
opinion, it is necessary to ascertain the
source and extent of the powers Of the
whether the various national conventions
have determined and fixed the basis of
representation and voting in National
Conventions to be changed only, by Ma
tional Convention.
There is no federar law providing for
the election of a National Committee
While it is true that in limited num-
Der Of states Il method is provided by
statute for the naming or nominating of
a member Of the National Committee, it
of the National Committee. have inVar'
ably been elected by the national con-
ventions Of the party since the election
of the first committee by the convention
of 1856.
i 6"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
selections, in fact, only nomination pro-
perly to be accepted by the delegation
from such state in presenting to the next
convention the name of a mem
Der from such state Of the National Com
mittee.
THE nomination of members of the
National Committee has uniformly been
made in national conventions by the del
egatiOns from the several states and ter
ritories, but the election of such COM
mittee has invariably been by the Ma
The National Committee is then the
creature of the national convention. 1t
possesses no authority derived from any
other source whatever. 1t obtains all It's
powers from the national convention, and
derives no authority whatever from any
federal or. state law
After examining the proceedings OF
past national conventions, this conclusion
is announced:
1T is the opinion Of your committee,
therefore, that the national conventions
of 1908 and 1912, as did former conven
tons, beginning with that Of 1860, pre-
scribe the present basis of representation
and voting in national conventions of the
party, that is, that the number Of del
egates from each state should be double
the number of Senators and Representa-.
tives in Congress from the states, each
entitled to one vote; and that any change
therein must he made by a national con-
.vention or with the authority of a ma
tional convention"
The second question considered is:
Has the National Committee authority
to change the manner and method OF
choosing delegates to future national con
ventions. so as to provide (a) that dele
gates both from the states at large. and
from congressional districts. may be
chosen in such manner as the laws OF the
several states may from time to time
provide; and so to provide o. That al!
delegates from any state may be chosen
from the state at large, or part from the
state at large and part from COMPRESSION
al districts, in conformity with the laws
Oh TIE STATE Ill WHICH tIlc election OcCufS.
In considering, subdivision "A" of the
question. Rule u. adopted by the conven
tons of 1908 and 1912, is quoted as fol-
lows:
such committee shall issue the call
for the meeting Of the Nationar COnven.
ton within sixty days. at least, before
the time fixed for said meeting. and del.
egates to the national convention shall
he chosen in such manner as the Nation
al Committee shall provide
Upon this point the committee says
it is its opinion that it is at the present
time within the power Of the National
Committee to prescribe. as did the call
issued by the committee for the conven-
ton Of 1912, the manner Of choosing both
delegates at large and district delegates
to the. future national conventions; and
that the National Committee may pro-
vide. in calls issued for future conven-
tons, that delegates at large. and from
congressional districts, may be chosen in
conformity with the laws of the state
in which the election occurs, and may al
ter the manner of choosing such dele