The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1920-07-02
PARTY STATUS
COMMENTED ON
ATTORNEY GENERAL DEFINES
STATUS OF REPUBLICAN, CAM
DIDATES IN THE STATE.

following Interesting correspondence
has passed between j. w. Archibald,
| of Jacksonville, and the secretary of
state and attorney general with refer
ence to the status Of the republican
nominees in this state:
| Under date of June ii, Mr.. Archi-
bald wrote the secretary of state as
follows:
| 81 have been asked for my opinion
as to whether the names of the
presidential electors nomined by the re
publican party convention held at
Palatkas. January %, 1920, known as
i the 'Gerow' faction or the names of
the presidential electors nominated by
the legal republican party at their
convention held in Jacksonville April
"a, 1920, known as the Anderson fac
ton would be placed on the official
ballot to be voted for in the Novem-
/ Der election.
| CAS- our Supreme Court in the case
of Merrill VS. Gerow, has decided that
the republican party ceased to exist
! in 1918 and that the respective Off
Gals had no legal standing since that
time, could not see how the names
| of these nominee elected by these re-
lspective factions in the republican
|
iappear. on the official ballot and be
recognized as legal nominees of the re-
publican party, the party having
| ceased to exist, but I thought I would
/ ask you for your views of the mat
ter before giving my reply.
| "Of course you saw by the papers
| that the committee on credentials of
| the republican national committee de-
hat of n 6plpQafPS
legally entitled to seats inthe conven-
ton but so as not to leave the state
unrepresented they shared the honors
between them as a matter of courtesy
to the state"
! This letter was by the secretary of
state referred to the attorney general
for an opinion, and under date of
June IS, the attorney general replied
to the secretary of state as follows:
"In the. matter of your duty with
reference to the certifying to the sew
eral boards of county commissioners
of the names of candidates who have
been nominated for state or federal
offices by other methods than in the
general primary election, particularly
with reference to the communication OF
Mr.. J. w. Archibald of Jacksonville,
in regard to the so-called republican
party, beg to advise that sections PIP
and 215 of the General Statutes seem
to require the certifying of such names
when they have been nominated by any
caucus, convention, mass meeting, pri-
mary election or other assembly of any
political party or faction
THE term political party is defined
in Chapter 6469. Laws of Florida, but,
in my opinion, applies only as deter
mining what parties as such shall be
permitted to participate in the biennial
primary election, and does not have
ehe effect of repeating the named sec
lions of the General Statutes under
which it would be your duty to GER
tify the names of all candidates whose
nominations are properly certified 10
you, and this regardless of the party
designation or the number OF sueh
candidates claiming nomination I'M
der the same party name. For exam
ple-if there are two or more factions
of the party known and generally rec
ognized as the republican party and
each of them properly certifies a nom
nation, each would be entitled to have
the nominees certified by you to the
several boards of county commits
sioners.
"In view of the recent decision of
the Supreme Court in the case or Eler-
ril v. Gerow, I beg to suggest that the
point there involved and. decided was
that republican executive committee
men nominated or elected In 1918 un-
der the Bryan Primary Law, did not
in 1920, subsequent to an intervening
general election in which the repubI-
can party did not poll five per cent OF
the total vote, thereby losing it's status
as a political party, have any legal
status which could be recognized by
the courts or rights as such that coilo
be enforced. While the decision, in Ell
feet. holds that there has been ana is
now no republican party in Florlda Ell :
titled to recognition by the courts, II
did not affect the individuals calling
themselves members of that party, nor
deprive them of any rights they, as
individuals or as aggregations or lndi-
viduals acting through the instrument
tality of a caucus. convention mass
meetine or other assembly, have or
might choose to exercise under the
provisions of sections 212 and 2l5 OF
the General Statutes"
The foregoing opinion was trans
mitted to Mr.. Archibald in due course
and under date of June gath, 1920 the
latter wrote directly to the attorney
general as follows:
your opinion given to the Hon II.
Clay Crawford, secretary of state in
reference to my letter to him has been
forwarded to me. I think we agree
upon the legal status of the nominees
named by any caucus, convention. mass
meeting. ETC.. under sections 212-15, but
the point 1 wanted to make was that
the nominees named in a party con-
vention when there was no legal party
in existence and no officials having
authority to call such convention
would not be entitled to have their
names put on the official ballot as
party nominees.
"Of course if the several factions