The Birmingham age-herald., 1923-09-17
Chairman Eyins, statement

To the Editor of The Age-Herald:
 In your issue of the 13th instant there appears in the correspon- dence from your Montgomery bu- reau the statement that a joker has been discovered in the Ellis primary election bill, now pending before the legislature. The al- legged joker is that the bill leaves 1t optional with the state executive committee to call a convention for the nomination of candidates for judicial offices. The impression conveyed by this statement. if the direct charge is not made, Is that the bill endeavors surreptitiously to put over trick on the legisla- ture and the people of the state by permitting the state executive committee to call a convention for the nomination of candidates for judicial offices.
 The bill does permit the execu- tive committee to call a convention for the nomination of judicial or other officers, but this feature of the bill is not "a joker" as alleged in the article mentioned. It Is now the law. and has been the law for more than twenty years, and must remain the law until the con stitution Is changed; that 1t is op- tional with the state executive committee to call a convention or primary, as 1t may elect, for the nomination of candidates for judi cial or other offices. Section 19O of the Constitution of Alabama of 1901 contains this provision: The legislature shall not make primary elections compulsory"
 The bill in question, of necessity, follows the constitution in leaving 1t optional with the state executive committee to order a primary or to adopt any other method of se- lecting candidates for any office. The reference to judicial officers in the Ellis bill grows out of the fact that. as originally framed, the bill contemplated that If a primary was held for Judicial officers it should be held on a date other than that fixed for the holding of a primary for the selection of can didates for other offices. The word 'if," to which your corre spondent appears to attach much importance, is, as stated, neces- sarily employed because the con stitution does not permit primary elections to be made compulsory. and the bill was compelled to rec ognize that primary was op- tional with the state executive committee.
 It has been conceded for more than twenty years by all who are familiar with political matters that the state executive commit tee had the power to order a pri- mary or a convention, as it chose. for all officers or for judicial of ficers alone, and that the legisla ture could not take this power from 1t.
 Inasmuch as it is well known that the Ellis bill was drawn by joint committees. one of which was appointed under a resolution adopted by the last state conyen- tion, and the other in obedience to a resolution adopted by the state executive committee, and in view of the fact that the news item re- ferred to carries the implication that the gentlemen composing thess committees have endeavored in a illegitimate manner to trick the legislature or put over job on the people, l request that you make the proper correction and give this letter equal publicity with the ar- ticle mentioned.
 R. B. EVINS,
 Chairm ain State Democratic Exec K utive Committee.
 GrAasshA~~a- A la SArsf- IA 1n21