South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-03-02
PRIMARY LAW AS
AMENDED CAUSES
= POLITICAL MESS
Hand to Tell It'St What Situa-
ton is With !egard to EIeC-
ton of Pre- net Committee
men BY Parties.

4 IilSil DJ d. lltS.
That the primary law OF 1907, as
published in Burns statutes Sec.
1856. was amended in 1909, making
it necessary for the board Of county
! commission rs to designate the places
for holding precinct primaries for the
election of precinct committeeman. is
pointed out Monday, following an in
terview given out Saturday by Demo-
cratic County Chairman George W.
Zinky, based upon the old law.
If the law of 1909 is followed
which seems necessary TO make the
election legal, as construed by Coun-
ty Attorney Dan Pyle. no election of
precinct committeeman can be held
and the parties will have to use
committees elected two years ago, as
hold-Overs.
Chairman Zinky. however, insists
that he is right, the amendments of
1909 notwithstanding, since the new
law after reading the commissioners
into the statute, in the same section
goes right on and reads them out
again.
Under the law relied upon by Chair
man Zinky. as passed in 1907, it was
provided that the chairmen of the
various parties might agree upon
Gay previous TO March ]. and adver-
tise the places OF holding the precinct
primaries. but failing 10 do so the
primaries should be held on the sec
ond Thursday in March, this year on
March u.
Puts Blame on Chairmen.
No responsibility is thrown upon
the county commissioners in this re-
gard. under the 1907 law
Under an amendment of 1909. how
ever, the statute provides that in case
of failure on the part OF the county
chairmen to agree upon a date, then
the commissioners shall. during their
February term, designate "a place"
at which such primaries shall be
held. This has not been done.
Later in the 1909 act, as pointed
out by Chairman Zinky, the statute
goes on and provides that the cOun-
ty chairmen OF the parties shall name
and advertise the places at which the
second Thursday IN March primary
snail be held, each for their own
party. which is in conflict with the
provision that the commissioners shall
designate "a place" There must be a
different place for each party. under
the same section, though all primaries
must be held on the same day, and
during the same hours for all parties.
Others contend that the statute con-
templated the chairmen helping the
commissioners out by suggesting
places for them to designate, but it
does not say so.
Two years ago il was done. Though
the chairmen of the democratic and
republican parties did not agxee Hpon
a date two years ago. they did furnish
the commissioners with places where
they wanted the primaries held. in
time that the commissioners designat-
ed those places during their February
term, which was within the 1903
statutory requirements.
Since then a new party, the prog
ressive. has come into existence. and
il would require the designating OF
three sets of places. as each, in order
to comply with the law.
Auditor Sedgwick, wlrO is clerk of
the board. takes the position that the
county chairmen are to blame, not
taking the interest that they should
in bringing the reorganization of their
parties about. 1T would be almost
impossible for the commissioners to
designate those three sets Of places
without their help" says Auditor
Sedgwick.
SlJtiallOn queer Onc.
As it is the only legal hope APP
pears to be fore the old committees
TO hold over for another two years,
having been chosen TO serve until
their successors are qualified. This
is the opinion of County Attorney
Pyle after a cursOTy examination of
tine law, that is barring the correct
ness of Chairman Zinkys contention.
Democratic Chairman Zinky be-
lieves the parties can still go ahead.
and points TO an opinion of Attorney
General HOnan. an da bipartisan
committee of two years ago which is
said 10 have construed the act in ques-
tiOn so as 10 eliminate the commits
sioners, but other lawyers deny that
either the attorney general or a bi-
partisan committee can repeal. or
change the language OF an act OF the
legislature
Democratic County Chairman Zinxy
is going ahead and designate places for
holding precinct primaries on March
i. II is quite probable that Re
publican Chairman Elliott and Prog
ressive Chairman Guy will not. There
is that much difference Of opinion
with regard 10 the possibilities under :
the 1909 act.
The matter was discussed by the
county commissioners at their session !
Monday morning, but the February
term having passed. and having no
places at hand TO designate. il was
deemed impossible for them 10 i'm
prove the situation try hard a. they
might.
FEAR MONARCHlST RIOT |