The Birmingham age-herald., 1924-01-20
ATTORNEY GENERALS OPINION

Al lOKNEI oENEKAL , 'OFlNiON
 The cause of Senator Underwood in Alabama will be harmed in no fun. damental manner by tho opinion of the attorneygcneral that the Alabams presidential primary law is unconsti. tutional. This law, passed'at the last session of the legislature, permitted the successful candidate to name the delegation to the national democratic convention, instead Of the people. The Age Herald does not believe that the law was originally contemplated to help the cause of Senator Underwood so much as it was designed to let men go to thc next democratic national convention who could not be elected by Q vote of the people, and whose de- sire was,to have part in the making of democratic national platform that they hoped would put the national party gin defense of private interests which they were privately serving. That those who conceived it misled other members of. the legislature in belief that they were serving Ala bama's distinguished son, is less to their credit; for they used the loyalty of friends of Senator Underwood into believing that this was the measure to help him.
 As the attorney general would be the official defender of the law if it were attacked, this opinion may put to, sleep a statute that, as The Age Herald said only few weeks ago, was not wholly Democratic in it's processes, but was conceived by some to strengthen "a corporate po- ltical organization in this state that wanted to entrench themselves for purposes not wholly concerned in the candidacy of Senator Underwood, purposes not wholly revealed, but strongly suspected"
 There never has been, there never can be, there never should be, any reason or cause or occasion iustifying denial to the people of that inalien- able right to choose for themselves, at free ballot, those servants to rep resent them. It was denial of the prin- ciple of self-expression that was at tackled by many in Alabama, and not the object, if the object had been merely to serve MT. Underwood. The miscalculation of those who conceived it and put it through by misleading some members of the legislature and without submission to Senator Under- wood was absence of understanding that the people were alive to their rights, under a Democratic govern ment, when they felt these rights were invaded. There can be no de- nial that, but for the Alabama pres idential primary law, Senator Under- wood would have been unchallenged n Alabama, and no good to his cause WIS served when the presidential election law was passed,
 Regardless of what has transpired, there can be no doubt but that del egation to the next Democratic na- tional convention, chosen in the May primary "py direct vote oi the people, will be unreservedly and whole hcartedly for the cause of Oscar w. Underwood It is going to be the privilege of Alabama, and TO delega- ton could go to a Democratic conven- ton from ths state, without present. ing as its candidate not alone a fa- vorcd son, but figure distinguished in national life and measuring high in presidential stature. But the people may have cause to remember those, who, under the guisc of serving the cause of Underwood, sought covertly to serve their own.
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 GENERAL ROBERT E. LEE
 Dwelling of the head of General