The Birmingham age-herald., 1924-01-20
SAYS ALABAMA
 PRIMARY VOID
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Continued from Page One) not such party should hold a primary election 10 nominate -a candidate for public office.
 Says Law Compulsory
 Tt would be absurd to conclude that the holding of primary election was optional with political party when the law permitted one person ill whom tine party organization had vested no authority in the premises to compel such political party to hold a primary election. In this state the consent of a political party to hold primary election is given by an executive com mittee which the party organization constitutes it's governing authority. Any law which makes it possible to compel Il political party to hold T pri- mary without the consent of the party $ duly constituted authority to act in such matter is a compulsory primary law and violative of the quoted pro vision of section 130 of the constitution uf Atahama.
 What is known as the presidential preferential primary act. contains the following provision, to-wit:
 ''Section l. That whenever a citi- zen of the state of Alabama is a candi- date for the nomination by any political party as it's candidate for the election as presidentNof the United States. and files his declaration of such candidacy on or before January l of the year ill which the nomination. is to be made, which declaration shall be signed by the candidate in person, and acknowl- edge some officer authorized, by the laws of Alabama to take acknowl- cdgnlcnt, and which said declaration shall be filed in the office of the sec retary of state of Alabama, and with the chairman of the state executive committee of the political party, primary election shall be held on the second Tuesday of March of the year in which said nomination is to be made for the expression by such> political party of its preference of the candi- date for such-nomination. s< ~!
 Holds It. Unconstitutional
 Tt will be noted that this law does not leave to the organization of the political party, or those duly authorized to act in behalf of the organization. the privilege of determining whether or not the party should hold primary election. The acts make the political patty and those duly authorized to speak in its behalf subservient to the wish and will of one citizen of Ala bama, in whom is vested no authority to act for such political organization. Reduced to the greatest possible ab SurGity. this law permits one person to compel political party of two hun dred thousand and one voters to hold Il primary election against the wishes of two hundred thousand of the mem- bers of the party. Such an act clearly makes primary elections compulsory anI is unconstitutional.
 Tt follows that am of the opinion that the counties cannot legally pay the expenses of Il primary election provided by the act approved Septenl- Der 13, 1925, known as the presidential preferential primary law that fact, that one of the political parties through It's governing authority has called a primary for this purpose. OH. the same date named in this act, will not serve to authorize the payment of the ex- penses of such primary election by the cohnties, inasmuch as the general pri. mady law requires that primary eiec. tions held af the expense of the state and counties by political parties shall be held on the second Tuesday in May of every presidential election year. tActs, 1915, ps21S)."-