Daily capital journal. (Salem, Oregon) 1903-1919, 1916-06-26
WEAKNESSES OF DIRECT PRIMARY LAW

Oregon has made many changes in the last few years
in her political system, among these being the primary
nominating plan That these changes have not proved
all that they were expected to be is admitted by ALL This
is especially true of the nominating system 1t was set
up that the old convention plan opened the way for all
kinds Of fraud and crookedness This is in part true but
it certainly did not open the way for all kinds of utter
Stiffness, as does the present primary system
Under the old convention plan it was possible by log
rolling and sharp practice to nominate candidates who
were not really those the people would have preferred
1t made possible the handling Of the party by few and
generally this few not phenomenal patriots. 1t was
predicted that the primary plan would do away with this
and it has done so largely. 1t is doubtful though If what
it substitutes is any more preferable.
The recent primaries furnished fine example OF this
when the republicans of the state nominated for vice.
president of whom perhaps not hundred OF them
had ever heard. This was William Grant WebSter,I
of Chicago Illinois, He had his placed on the bal
lot as we understand it, by paying the fee required by
law instead of by circulating petitions and the voters OIL
this state had not only nothing to do with 1t but as wei
have said had never even heard Of MIR. Webster Mr..
Hughes the candidate the ticket with him, only got
his name on the ticket at the hands of the supreme court
His name was familiar to most voters and ne was Judg-
ing from the sentiment expressed before the PRIMARIES
as we'll after the choice OF majority OF the republican
voters Yet when the vote counted it showed that
the candidate Webster who had simply placed his name
on the ballot without the suggestion or request OF any
Oregon voters had received 5SO76 votes for the vice.
presidency as against 56764 received by the man the
republican voters really WdHleu loI pleSlueuI WI
Hughes
Could anything in the political line be sllier? Would
anything the convention could do be any more
dangerous?
Another phase of the matter is that the delegates are
bound to vote for the person selected by the people The
question is how long should they be compelled to cast their
votes as the people directed and when should they bel
allowed to act as their judgment dictated and cast their
votes for someone else?
Suppose all the states had the direct primary and
should elect delegates to a national convention that
would show in the aggregate majority for any candl
date In such circumstances the delegates of some OF the
states would have to vote contrary to their Instructions
there could be no nomination. AT what stage OF the
proceedings should they be permitted to do this?
Under the law as passed by the initiative the situation
was not as bad as it is since the legislature buted in and
arrogaed to itself the right to change law made by the
people which act is at least of doubtful legality 1t is
case of the agent the legislature overriding the nstuc
tons of the principal the people 1t is doubtful at least
if they can do this and make stick Many lawyers hold
that law placed on the statute books by initiative is so
far as the legislature is concerned the same as con-
stitutOnal amendment
1t would seem that this should be so if it isn't for it
places the legislature above the people who elect them
if it can change repeal law the people have passed
1t is evident from the experience have had with
the direct primary and some other of our ideas
times called "freak laws that they will have to be either
amended or done away with If something cannot be
done to avoid such utter Stiffness the nominating OF
man whom we never heard of, simply because he saw
fit to place his name on the ballot then had better go
back to the old convention system find some other
way than what we have.
The matter of the amendment passed by the last legls