Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1914-10-23
FOW PUTS MACHINE
DEMOCRATS RULES
ON RED HOT GRILL
Declares That Democratic State
Executive Committee Usurped
Rights of Voters

Declarations that the present Demo-
to itself the rights inherent in the
voters of the Democratic party and
had overturned the principles of home
rule were made before Judge S. j. M.
McCarrell in the Dauphin county
county court to-day by John ii. FoW,
one of the best known of the. Demo-
cratic lawyers of Philadelphia in con-
testing the nominations of T. Henry
Walnut and c. w. t. Robinson as
Democratic legislative candidates in
the Seventeenth district. The men
originally nominated withdrew in one
of the fusion shuffles engineered by the
Democratic machine and the Bull
Moosers and the Democratic State
executive committee, composed OF
fourteen men, nominated Walnut and
Robinson. Francis Scullin and c. b.
Lynch, Jr., officers of the Democratic
ward committees in the Seventeenth
district, contested the nominations and
appeared in court with City Chairman
John O'Donnell and Secretary James
Gillespie.
Mr.. Fow contended that the Demo-
cratic State committee had made rules
for the government of the party and
had taken from the Democratic ward
committees of the district the right to
nominate legislative candidates. He
informed Judge McCarrell that the
executive committee had met in Har-
risburg and nominated legislative can
didates for the Democrats of the Sew
enteenth Philadelphia district without
even consulting the Democratic COM
mitteemen elected by the people. This
he asserted was subversive of home
rule and an invasion of local rights
for which no authority could be found
in the act of 1913. The Philadelphia
Democratic organizations have rules
drafted in 1907 under which commit
teemen are elected directly by the peo-
pie and these were stood aside by the
interference of the executive commit
tee.
In defense Mr.. Walnut said that the
State committee was recognized as
supreme in party affairs and that the
act of 1913 gave 1t full authority un-
der which ii had made rules reserVing
right to approve filling of vacancies in
any State nominations which include
Legislative nominations and had dele
gated right to make local nominations
to fill vacancies to local committees.
Judge McCarrell then took a hand
in the discussion and asked how the
State committee, which is limited by
act to making rules for it's own gov
ernment could get authority to make
Substitute nominations for places
which were originally filled by the
people of a district He said that the
spirit of the law placed the matter in
the hands of the people and that
while the substitution of a candidate
to fill vacancy in a nomination to be
elected by the people of the State at
large could be understood in the light
of the words of the act. he desired
light on how authority to go into a
district and make a nominations was
obtained.
Ex-Judge NJ. w. Jacobs, speaking
for the nominees, said that the State
committee was made the supreme
party authority instead of the old
State convention by the act of 1913.
The judge then rejoined that party
organizations are built up from the
people and that while the Legislature
had left some matters to party rules
the rules must be in accord with the
law, which recognized the principles
of rule by the people.
A decision will be given tomorrow
and it is awaited with great interest
because if the nominations made by
the Democratic State executive COM
mittee are declared invalid everyone
of the fusion nominations for district
places will be in peril, as the Demo
cratic and Washington parties execu-
tive committees acted alike in making
over thirty nominations.