Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-05-27
Delegates Certified By ,
C0nventi0n Are MUar1aby
Scared, Says II. II. Perry

Editor the Journal: While having
the honor of only a slight acquaiat-
ance with Mr.. Fleming, 1 am not un-
familiar with his record at the bar
and in public life and there is no
man in Georgia for whom 1 have
a higher esteem, and anything from
him is entitled to the greatest re-
spect. But personal prestige cannot
add to the cold processes of argu-
ment nor can the want of it detract
from their inherent force.
The crux of Mr.. Fieming's posi-
ton is, that only the biennial con-
veltion of the party for the purpose
of nominating state officers is the
Gepositary of the sovereign party
power and that the convention called
to select delegates to a national
convention in no sense represents
the sovereign Democratic power of
the party.
Indeed he is driven to this novel
assumption which seems to be orig
inal with him and he virtually con-
cedes in resorting to this the ilcon-
clusiveness of the arguments Of 9TH
ers endeavoring to uphold the action
of the executive committee in its at
tempt to control the action of the
convention.
But this position I submit is a
mere ipse diXit of the distinguished
gentleman. He cites no authority or
precedent to support it and calls at
tention to no place or occasion where
the distinction was ever recognized.
1t may be said that the biennial
gubernatorial convention being based
on white primary without regard
to the national affiliations of the
voters is not in a strict sense as
convention to select delegates to a
national Democratic convention and
to appoint electors in an approaching
presidential contest.
It is his affiliation with the Dem
ocratic party of the entire. country
which alone stamps a voter as a
party Democrat. Very many who
are Republicans in all national con-
tests, vote with us in the white pri-
maries for governor and state Off
ticket. No one of them would think
of taking part in a primary dealing
with the nomination Of the candidate
of the Democratic party for presi-
dent.
But be all that as it may. how
the functions Of a convention Of the
party acting in unison with similar
organizations throughout the union.
and seeking in concert with them
national party, the very ark Of our
political liberties. than those Of
mere local state convention for the
distribution Of state officers and
which plays no part in nominations
for national elections!
GO fni1 a - a
mere assertion that a state conven-
ton Of the party dealing with great
national questions does not represent
the sovereign Democratic party Of
Georgia.
Party traditions and usage, and
the history Of party government
from Thomas Jefferson, who, as I
remember from my reading, first in
augurated conventions in the states
of national Democrats to nominate
candidates for the presidency. give
the negative to Mr.. Fleming's po-
sition.
It was the office and duty Of the
executive committee to provide ruIes
for the conduct of the primary and
to call the convention, but when and
ton of the party convention, orig
inally appointing them. was the pow
er ever delegated to this commit
tee to lay down a rule Of action for
the convention when it should as
scmble?
Rule X was a mere usurpation
of an authority the committee did
not possess and was simply void. It
is said no objection was made.
suppose no objection was. made to
none was necessary. 1t was "brutem
fulraen." So was Rule x. No one
agreed to it. No one had his day in
court to agree Or not to agree. 1t
was not agreed to by any convention
have been considered and accepted.
Were we playing a mere game" like
poker or baseball or were we dealing
with the serious interests Of the
country?
Code section 1876 quoted by Mr..
Fleming simply provides for ere
turns" of the primary to the commit
tee. Under the Neal act also quoted
by him the committee simply con
publish the consolidation in a news
paper at the capital within three
days under the hand and seal of the
chairman and secretary. This is their
only report provided. See section /,
provides that the convention" shall
then declare those receiving a ina
jority" of the county unit votes upon
the basis set forth above be the
nominees Of the party. The act there.
shall be sufficient for certain speci-
fled officers with are alone, ex--
copied from the l.ajority rule, but
am not dealing with that now ex-
eept to say that DELEGATES to a ma
tional convention or nominees for
president are not so specified and BY
the maxim, "expressio unius est ex-
clusio al1erius," such delegates could
not be elseted except by a majority
vote and Rule < was therefore in
direct contravention Of the Neal act
when it attempted to apply the
plurality rule to them or TO the nom
inees for president. So that is
where the Neal act leaves US, If we
follow that.
The committee, Mr.. Fleming says,
could cs have declared the result With
that for granted, which do not
agree to, It is sufficient to say, it
did call a convention and the Neal
act, page 1875, distinctly provides
that only when mo convention is
called or held" shall the declaration
of the result be made as prescribed