Evening star., 1926-11-08
Protect the Primaries.

Protect the Primaries.
Revelations of huge expenditures
in the senatorial primaries in Penn
sylvania and Illinois this year have
brought a real problem before the
people of the country. The primary
| system has been assailed, although it
| is the failure of those in power in
particular States rather than the sys-
tenn itself that is open to criticism.
The problem Is to place adequate
props under the primary system, so
! that the purity of elections to the
| Senate and House may be assured
Some OF the States haye apparently
been Indifferent. The investigation
by the Senate committee of the Penn
| sylvania senatorial primary showed
a shocking lack of interest on the
part of the voters themselves. If
| individual States iare unwilling to
cleanse the primaries for senatorial
nominations. the only remedy is Fed.
eral legislation.
| Senator William E. Borah of Idaho
has issued a public statement in
which he argues the right and power
| of Congress to control in primary
| elections for nominations of candi.
dates for the Senate. 1t is expected
| that he will eventually present a bill
! to govern expenditures in primary
elections for the Senate.
The decision of the Supreme Court
| in the case against former Senator
| Truman Newberry of Michigan,
| charged with fraud and excessive ex-
penditure of money in the primary
and general elections, has popularity
! been supposed to eliminate the possi-
| bility of further Federal legislation
for control of primary elections. The
| Senator from Idaho, however, points
out that the Supreme Court in the
| Newberry case divided four to four
primaries, while one justice reserved
| his opinion as to such power under
| the seventeenth amendment to the
Constitution, providing for direct elec-
which Newberry was tried had been
enacted before the adoption of the
seventeenth amendment.
Associate Justice McReynolds wrote
the opinion, coneurred in unanimously
by the court, that the Congress did
not have the authority to pass the
law assailed in the Newberry case
But Senator Borah points out that
the Supreme Court did not decide the
question of congressional control of
primaries under the seventeenth
amendment.
Senator Borah's proposal is to
tackle the problem in the light of the
adoption Of the seventeenth amend.
ment. If Congress can pass a law
dealing with senatorial primaries that
will stand the test of the courts, the
purity of elections will be just so
much the more strongly safeguarded.
Where the State itself fails to throw
elections of Senators, the Federal
law would serve at all times as the
protector of the voters and of the
Senate itself against improper cleo
tons. The wisdom of Senator Borah's
suggestion is apparent. Further
more, under an act Of Congress,
greater uniformity would be provided
in the regulation of primary cam.
paign expenditures throughout the
| country.
The argument advanced by Senator
/ Borah that Congress has proper con.
| troll over primary elections in the
| light Of the seventeenth amendment
is interpreted as a corner stone for
a case against the permanent seating
of Senators.elect Ware of Pennsyl.
vania and Smith of Illinois, whose
primary elections have been declared
| TO be tainted with corruption and ex.
Cessive expenditures of money. In
the Senate could not with justifica-
ton consider the State primaries
in passing upon the right of Ware
and Smith to seats in that body. Sen.
| ator Borah argues very persuasively
that the nomination of candidates
for the Senate Is an important part
of the election itself, and must be 50
| considered. Congress. under the Con.
stitution. he says, has joint jurisdic-
ton with the States over elections of
| Senators and Representatives. Con.
gress has passed laws safeguarding
| the registration of voters in the
States. and these laws have been up
held by the courts. If Congress can
| deal with registration in the States,
why. asks Senator Borah. can 1t not
properly deal with primary elections?
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