The Birmingham age-herald., 1918-07-04

tice act provides: The act shall not apply to the regular demands of any or sanization, religious, charitable or other member or to which he was contriou- tor. for more than six months before the candidacy, or to any ordinary con trioution at which services and II IS under this exception that you contend that the assessment may be legally made, your construction being. as I understand it, that If A man has been a member of the democratic party for more than SIX months before declaring his candidacy then he might legally be assessed.
 Putting the broadest and most no eral construction possible on this, the most that can be said of it is that II must fall on all democrats alike as members of the organization, ana II must be q regular demand, or oues falling upon them as such members; put the committee does not place the burden on all the members of the organization alike, but only on those members who are candflats in the democratic primary
 IN DIRECT CONFLICT
 '.Furthermore, in direct conflict ~l.h the constructon you would piaee on sn ,,h it is nad.s a corrupt practice, under SUD- section e section 13, to demand, eo' licit ask or invite any payment or con tribution for any religious, charitapio or other cause or organization supposeu to be primarily for the public good from any candidate for public office or parry nosition., Certainly, no democrat wou,d contead for a moment that the demo- cratic party is not an organization pTi- marily for the public good. Still further in direct conflict with your contention we have subsection of section 13 Of tho corrupt rractice act which makes Il a corrupt practice for any one to ae- mand. solicit, ask or invite any canol- date for nomination or election for pupiic office or party position or any political committee to subscribe for the support of any club or organization
 "As far back as Acts 1911 (Secuon 5. Page 421) it was provided that all costs of holding general primary eiee- tions should be paid by the severa, !, counties, ana the only regular financiai demand which the democratic party in this state has ever made has been through the qualifying fee (now eA- pressly prohibited by statqte) assessed against candidates. The language or the statutes of 1915 is so clear and the intent of the legislature so patent, that I deem it unnecessary to quote the legal maxim: That which cannot De done directly cdnuol pe uoH
 rectly.'
 1T note the concluding paragraph of your letter in which you say: You may rest assured you will violate no statute in complying with the request that you make the small contribution to help carry on the expenses of the party of which you are asking very honorable state office The office of attorney geenral of Alabama is hlgn yyit the duty not only of construing her laws, but of enforcing them, and while every personal inclination is to comply with your request and contribute to the maintenance of the party organization; still, careful reading of the two stat utes involved, does not permit me to coincide with your construction of the law, and I am, therefore, compelled, as candidate to decline to pay the as- sessment as it would indeed be an awk- ward and untenable position for one who seeks to fill the office of chief prosecutor of this state, to intention ally and Knowingly do that which he considered, under his construction of the statute, violation of the law. Respectfully, F. LOYD TATE
 "P. s. In declining to do what I deem is prohibited by the corrupt practice act I do not wish to be un- derstood as shirking, in a financial way, or otherwise, any obligation that I may owe my party, and it will be my pleasure to make a voluntary con- tribution, at the proper time, towards the legitirGate success of the party in the general election, regardless of the result of the approaching primary, which contribution, you may rest as- sured. will be equal to, or greater than, the amount named by you
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