The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1914-10-23
hint Court Will
SET FUSION ASIDE
Continued From First Page.


State committee until. this last spring
when the party rules were revised. The
Republican party would not undertake
to do this. 1t recognizes the law. L
imagine your honor knows what the
trouble is with this Democratic party
Ono, l don t." quickly responded
Judge McCarrell.
Refers to Democratic Factions
Well, you read it in the papers, Just
the same as / did. They have organ
lied themselves into two factions There
is trouble between them and now they
want to come and arrogate the rights
of others-rights that don't belong to
them.
Two Democrats were nominated for
the Legislature in the Seventeenth dis
trict and two have withdrawn, for pur-
poses known to themselves. and mem
bers of the executive committee of the
State committee now undertake to fill
the vacancy, a right which we claim
they do not have, but which we furth-
er contend is vested only,-now that
the primaries have passed,-in the
hands of the city committee.
But like all other good party men
they are taking orders. They substi-
tuted nominations and they acted for
the people who had previously acted
for themselves. Up until April, 1914
we submit it was before the primaries
the Democrati9 StatA Committee
recognized that it was wftS6tit author
ity to make substitutions-wh it even
cannot fill vacancies in its own com
mittee.
Until then it recognized Home Rule
and was a really Democratic commit
tee. 1t was brutal. What is the use
of holding a primary or giving to the
city or county committees the powers
of hlling vacancies in the city if those
powers are to be taken away from
them by the State Committee2 There
is no law, or if there is, would like
to know where the law is, that would
give the Democratic party or any other
party the right, through its State Com.
mittee, to fill vacancies such as this and
assume control of the rights to the city
or county committee.
Argues for State Committee
During The argument presented by
Henry Walnut, another PHILADELPHIA
attorney, who appeared for the Demo,
cratic State Committee, Judge McCar-
rell asked:
" Ism It it a violation of the spirit
of the primary election laws which
were passed to take out of the Hands
of political committee the POWER of
making nominations, for the State Com.
mlttee to make substitutions to fill va.
cancies where candidates have with.
drawn9'
Yes, that is so,'' said Walnut, but
we contend that it is not more so than
if the substitution had been made by
the City Committee -
81 can see, - said Judge McCarrell,
why the State Committee should un.
dertake to fill a vacancy in cases where
the nominee ultimately is to be voted
for by the state-at-large, but this is en-.
tirely different proposition. -
Walnut went on to say that the Dem
ocratic State Committee is the supreme
body of that party and in view of the
fact its laws, to some extent, govern
the city and county committees. and
added: 'lf the State Committee is not
vested with authority of filing such
vacancies, am afraid the party will
be utterly disorganized.
When the Democratic State Commit
tee revised its rules last spring author
ity was given, under those rules, to the
executive committee of that body to
I'LL congressional, senatorial and legis-
lativc vacancies. 1t is the legality of
that rule which the court is now being
| asked to pass upon.