The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-05-17
STATES CAN
GUARD THEIR
PRIMARIES
Question w h ethe Z
Federal Control is
Advisable = e W.
berry Case the Issue

w |dSillnSlOn. MAY t.-LAilOtl!ci
question of the ACCESSIBILITY OF
mcrgin: Il state right into a federal
function by constitutional amend
ment is being brought TO the fore
by the announced opinion Of At
torncy General Daugherty hat the
decision Of the supreme court in the
Newbcrry case invalidatcd the fed
eral corrupt practices law in SO far
x: it applied to primary elections Of
either senators or representatives.
The opinion expressed by the at
torncy general vas already enter
taincd by the great majority Of
! l;.wycrs. in and out Of congress,
and the layman who read the SUI
rreme courts decision in the New
berry case could easily ascertain
that the court regarded the fed
eral government as having no
!lower whatsoever to regulate pri-
mary elections. That was the con-
tcntion ably argued before the SUI
irene court by Mr.. Hughes, now
secretary Of State-who. by the
way. is and long has been a Wig
orouS advocate OF the primary Sys-
tom. and has oriy recently voiced
in Il notable speech his opposition
to the tendency in some states to
return to the old convention plan
Of nominations.
Now. Of course. IS coming the in
cvitable drive to meet the situa-
ton by amending the constitution
50 that federal regulation OF pri-
maries will be legal. AS is, the
ease. however. With most Of the
proposals to change the fuhdamen-
tai law. it is a problem whether il
Is advisable to invite the federal
. government to come in and eXer-
else regulatory powers over the
primary elections within the Dor
ders of The states.
Many OF the states. if not mos
CT them. already have laws regu-
iating and safeguarding the con-
duct Of primaries. restricting the
expenditure therein and requiring
publicity as to the sources and OBJ
icctS of these expenditures. 1t Is
Il fact we'll known TO those who
have followed the Newberry case
that the Michigan senator was in
dictcd and convicted under tae fed
eral statute for the violation OF
1,,,- 80 NI;.1,ir, N lin, n N n
4 candidate for the senate to ar
outlay Of $3.50. The federal act
which the supreme court declared
invalid Con appeal from tbs
Ncwberry conviction permitted the
expenditure OF $4,000. but speci-
fled that where the state law pre-
Scri,,ed a lower maximum. the
state limitation should prevail.
1t is quite erroneous &C say tha'
the decision of tle supreme couri
with regard to Eewberry leaves thu
senatorial primaries generally un'
Guarded. The states now have COM
plete power and responsibility II
the matter. Where their corrupt
practices laws are adequate. there
is no necessity for anything more
than enforcement. and obviously II
would be the duty. as it would be
the right. of congress To deny
seat to any senator or representa-
tive who should be proven to nave
violated the state restrictions.
Where tho state corrupt practice
Laws are not adequate. they shoult
be reinforced and perfected, ant
those states which have no cor
,rupt practice laws at all Shoulc
! make haste TO enact them. Some
of the Southern states are i'll the
: latter two categOricS.
Aside from the question o
whether it is desirable to give the
federal government power 70 reSu
late primary elections within the
States. there is the interesting ant
rerhaps important consideration
!; whether a blanket limitation Q
expenditures in Senatorial or Con
occasional elections. which wouio
h. the method of federal control. l:
5 fair and just.
Is il not reasonable TO sISSes'
THAT :: candidate for the SENATE II
.I5ihe State OF New York (Say) cal
spend $4,000 IN his primary cam
uai->. as lcgitimutcly us a candl-
J date tor the Senate il Rhode lSianC
can spend 5000? Is it not. rea'
-nnai,lc TO make Il similar cOmpar'
ison az to Il candidate for the houS,
ii REPRESENTATIVES, il Chicago (Say
+. and I; cundidate Tor the House IN {
rurtl district in Arkansas?
The candidate for the Senate
whose State has 100000 people l:
~a.cccssaiily put to more expense t
i reach the voters by circular OF toy
advertisement t.iau is the candidate
:; who's" State has Soo.n"e people
md the bigger the city. ai Il rule
:; itc higher the rate charged by tht
newspapers for advertising. These
:rr but hasty examples: the com
parison is doubtless GOOD IL othel
I~iuportaut particulars.
Senator Hiram Johnson OF Cali
:,onia. has pending a resolution t
ancuti the Constitution :" aS to "lN'
to the federal government ~" con
l;roI over primary elections whlct
ha> been declared demonstrations
nov. Senators Pomtrcnc. Of ONO
md Mcclellan. OF Tennessee. have
Introduced resolutions in TIL" Sch
.,c amending the rules Of that body
SO rs to .t"nv admission t" an,
person cleIted TO the Senate wht
has rot Observed in his candidacy