Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-07-10

tee, eontended that it was the legal
and moral duty of the committee TO
rule the names of party boilers OH
the primary ballot, asserting that to
permit the names upon the ballot
would be a fraud upon the voters.
Judge +. w. Seabury, former
speaker Of the house, who presided
at the time the primary election law
was passed, stated that it was not
a question of discretion Of the COM
mittee; that they were required by
law to bar from the ballot n per-
son not affiliating with the party.
He then defined utilization" stat
ing that "any person who Is oppos-
ing the national candidates Is not
affiliating with the party"
Il had no idea Smith would be the
party candidate when ! announced
for lieutenant governor" Mr.. Love
stated. Il told the Beaumont con-
vention / would not support Smith If
the Houston convention should nom
mate him. The state executive COM
mittee was aware Of my position at
the time they certified my name TO
the county committees TO be placed
upon the ballot, even taking a vote
anon it. | contend that this COM
mittee must abide by the instruc-
tions Of the state committee"
Would Eliminate Pledge
He asserted that the party pledge
should be eliminated; that every
voter should have the privilege Of
voting as his conscience dictates
after the nominations are made. and
further contended that the pledge
was never intended to apply to the
national ticket.
Judge j.. A. Graham in addressing
the committee stated that the case
was without PARALLEL in political his
tory. Even Jim Ferguson never
bolted the candidates upon a ticket
upon which he was also a candidate, !"
he said.
Judge Samuel Spears Of San BENZ
to held that the committee had
merely a ministerial duty to per-
form, and that the law required them
to place upon the county ballots the
namGs of candidates certified by
the state committee.
The subcommittee was in session
nearly two hours before the ques-
tion Of eligibility OF the ~so-called
"bolters" TO a place on the party
primary ballot was brought to a
vote. A. l.. Montgomery of San Be-
nito opposed the motion Of Mr.. Skel-
ton to rule the Of the candi-
dates off the ballot, stating that IL
vas not a function Of the committee
that IL was a matter for the voters
20 AnafAa AE-a- D--
vile, after scoring Love for apply
ing for a place on the ticket, stat
ing that it was not playing fair
with the party and the voters OF
Texas, voted TO place Loves name on
the ballot.
Questioned Legal Right
Il want it understood that if / be-
lieved we had the legal right to rule
him off the ballot | would take
pleasure in voting to do So" Mr..
Abney said.
Mr.. Love stated he would do ell in
his power to defeat the election Of
Governor Smith, asserting that "my
conscience will not permit me 70
vote for him, and / would consider
II a national calamity to elect him"
Questioned by L. D. Moss as to
why his conscience would permit
him to seek a place upon the same
ticket with the New York governor.
Mr.. Love said that thousands Of
Texas voters desire an anti-Smith
mar as lieutenant governor, and 1t
would not be fair TO them for me to
withdraw"
Supporters Of Mr.. Love announced
Monday night that in the event the
courts fail to revoke the action Of
the committee they would write in
the name Of Mr.. Love on the ballot.
indicating that a pencil campaign"
would be inaugurated throughout
the county in behalf OF the Dallas
man.