The Birmingham age-herald., 1918-06-30
FIFE TAXES ISSUE WITH TATE ABOUT FEE ASSESSMENTS Contends Committee Is Act ing Entirely Within Its
 Legal Rights
SAYS YATES LETTER
 WILL DO MUCH HARM
Not Obligatory Upon Candidates to Pay, But Committee Has Right to Collect Expenses in
 This Way

4. F. Fite of Jasper. chairman of the subcommittee of the state execu- tive committee, which is handling the details of the approaching democratic primary, has sent to The Age-Herald a copy of letter he wrote yesterday to Lloyd Tate attorney general and candidate for reelection.
 Mir. Tate had contended that it was Illegal to collect fees from candidates to conduct the expenses of the primary and declined to pay the amount as sessed against candidates for attorney general.
 MT. Fite takes direct issue with MT. Tate and contends that the assessments are entirely legal and that the ex- ecutive committee had already consid- cred the questions raised by MT. Tate. His letter is as follows:
 Jasper, Ala, June 2s, 1918. MT. F. Lloyd Tate, Attorney General, Montgomery. Ala
 Dear Sir: I notice in today's Age Herald an article under Montgomery date line. stating that you have written me. as chairman of the subcommittee executive m1ttee, letter in which you contend that the members of that committee rendered themselves liable to a fine of from $25 to $100 for making calls upon candidates. and that any candi- date paying such call would be liable to a fine Of $500 and six months im- prisonment for the violation of the cor rupt practice act
 The letter referred to has not yet reached me. but I am assuming that the article from Montgomery quotes you correctly, since it purports to set out portions of your letter verbatim In the quotation given in the paper you are credited with saying that you feel that the committee overlooked the acts of the legislature passed in 1915. Notwithstanding have not yet re- ceived your letter. I think the article in the paper makes clear what your contention is, and thatlit should be an- swered promptly before the poison of your misinterpretation shows any i'll effects in the minds of the people or the candidates. l assure you that the committee did not overlook the acts Of 1915, to which you refer, Further more, It IS not true that the committee violated those acts and it is not true mat any candidate complying with the committees request would violate either the spirit or the letter of the acts.
 'ine act known as the corrunt prac uee act tacts of 1915. pages 250 to 257 lnc4usVe) was approved June 19. 1915. Ii expressly recognized the right of party orsahlzalons to make assessments against candidates and to provide for the payment thereof as fee for qualify ing Tn order to get their names on the ticket No reasonable interpretation of that act could lead to the conclusion that the making of the assessment and requiring its payment as a condition to the candidate getting his name on the ticket would violate either the spirit or the letter of the act.
 Another act was passed by the same legislature and approved September P, 1916, being found on pages 722 and 723 of the book referred to; the second sec tion of which is as follows.
 That no person shall be assessed ee by the committee or other govern lng body of any political party in this state as a condition for standing for nomination to any office in primary cleo tion.'
 Tt is clear, therefore that the latter act does not prohibit, either expressly or by implication, a governing body of political party calling upon candidates to make contributions to pay the axpen ses of the party organization necessarily in cured in keeping it's machinery in mo- ton
 The committee of which I am chair man did not make the assessments a condition for standing for nomination. but we merely made the assessments as n equitable manner of raising sufficient funds to pay the indebtedness of the party organization and expenses of car rying on the approaching primary, and payment of the assessment by any candi- date is entirely voluntarily. Your name will be placed upon the ticket whether You pay the assessment or not, and this will be true of all others who desire to excuse themselves from making the small contributions.
 There is nothing in either of the acts referred to to prohibit the party organi- zation requesting and undertaking to col feet the money in the way the commit tee provided, but on the contrary such right is expressly recognized so long as the assessment is not made a condi- ton for standing for nomination. These provisions of the act were discussed at the meeting of the committee. The as- sessments were made in way to be en- tirely in harmony with both the spirit and the letter of the acts
 T call your attention to another pro vision of the corrupt practice act under which our interpretation is clearly shown to be correct. Subdivision 5, section 13 states the kind of contributions it IS unlawful to solicit of candidates, and it is there expressly provided such pro- hibition shall not apply to the regular demands of any organized body of which the candidate for nomination was a member for more than six months be- fore his candidacy Therefore, if you have been member of the party organi- zation for six monthhs prior to announc- ing as a candidate for attorney general, you may rest assured that the members of the committee have not violated any statute, and that you will violate none in complying with the request that you snake the small contribution to help carry on the expenses of the party of which you are asking a very honorable state office Very truly yours.
 "A. F. FITE
 Chairman Campaign Committee.