Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-12-03
Editorial Comment
Throw Out the Republicans"
On. Y. Tribunel

N. Y. TrlDune)
Running with Khan backing in a
state made famous at the Madison
Square Garden convention two years
ago by the anti-Klan, pro-klan ac-
tivities of the Pattangall family, the
Democratic candidate for Senator,
Fulton j. Redman, was beaten by
more than two to one. He lost
heavily in the Democratic towns and
cities. His first reaction from the
result is to announce that he will
now ask the Senate to seat him.
Why? On the ground that he was
the choice Of majority of the
Maine voters and was defeated
through election frauds? Not at all.
Simply because of unsupported
charges that his opponent spent too
much money in securing q primary
nomination.
This represents the working out
of the new Democratic theory of
Senate elections. The election itself,
however legal, is to be brushed aside.
Title to q seat given by the voters
is to be disregarded and eligibility
determined by the Senate's opinion
as to the excessiveness or modera-
ton of the campaign funds used in
the contest for the nominate. The
Schdle WOulQ illus DcCOlliG Il CCIsSOl
of primary expenditure, whether
that expenditure is lawful under
state law or not, and whether or not
it is alleged that the result of the
primary was determined Illegally by
the winning candidates outlay.
In the Illinois and Pennsylvania
cases, as in the Maine case, the Sen
ate would be going behind the cleo
ton and setting up revolutionary
standards of Senatorial qualification.
The Supreme Court demolished the
Federal law under which Congress
attempted to regulate primaries.
The Democratic program is to regu-
late them without specific warrant in
law, rejecting election certificates
because of alleged taints in the
nominating process. Here two
powers of the Senate are confused.
That body may investigate the
legality of an election title. even
though 1t Is absolutely regular in
form and the holder is allowed to
take his seat pending inquiry. 1t
may also, by two-thirds vote, ex-
new Democratic procedure seems to
contemplate denying admission to a
Senator elect with an undisputed
certificate, judging his desirability
even before 1t passes on the regular
ity Of his credentials.
1t is a fantastic conception whose
implications its authors do not un-
derstand. Were the Senate to go
behind elections and make nomina-
tons the real test of title, every
exclusive white primary in the
Southern states would come under
the ban. Such primary involves
discrimination on the ground of race
and color. The Southern Democrats
would be foolish to raise this issue,
as some of them already realize.
Illinois. Pennsylvania and Maine
elected Senators whose pluralties at
the polls cannot be successfully
challenged.
These Senators are entitled to be
seated. After that contests may be
initiated If desired. But lynching at
the threshold on mere suspicion
should be avoided. Congress may
try its luck with another primary
regulation law. Until then 1t would
be better to let the states control
their own nominating processes.
The primary abuses which have been
uncovered can. in fact, best be
remedied In the larger states simply
by abolishing Senatorial primaries
and returning to nominating con-
ventions.