Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-07-17
MANDAMUS IS
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kOOnIluutG from page OUeJ
governor, for the same reason that
it omitted Loves name.
The only appeal is 10 the supreme
court, and to facilitate such an ap-
peal both sides agreed today 70
waive the customary two weeks no
tice for a motion for a rehearing.
Decision Unanimous
The decision which was fully con-
Cured in by the justices. recognized
the right Of any American citizen
to change his political theories and
party affiliations" but declared
that when such a change Is contem-
plated justice TO his former party
demands that he should not seek it's
honors or emoluments." The opin-
ion was written by Chief Justice w.
S. Fly.
Discussing a candidates obliga-
tions TO his party, the opinion said:
"He cannot weaken or destroy his
moral and legal obligations 10 sup
port the nominee for president and
vice president named BY the nation
al democracy BY crossing his fingers
at the time he signs the pledge, aft
erwards remarking in an undertone,
Il will not vote for AL Smith if ne
is nominated
by no such quibbling," the court
continues, mental reservation or Sc
cret evasion, can a man absolve him
self from a solemn pledge voluntar-
lily made.
Cannot Chain Loyalty
"To uphold such a doctrine" the
opinion continues, would make 4
football of the statutory pledge and
place disloyalty upon a pedestal"
Touching Loves affiliation with
the democratic party, the ruling
says:
"Affiliation Is an alliance with an
institution or organization and he
cannot claim utilization with a party
who is organizing and working
against the nominees and seeking 10
elect nominees Of an opposing party.
Supporting the nominees is the su-
preme test of party a~ffiliation."
The then holds that Love
should have had his name removed
from the party consideration after
the Beaumont convention.
No Censure for Bolter
When Love took the vow OF 10y
atty TO the nominee Of the demo
cratic party in order to enter a pri-
mary as a delegate to the state CON
vention at Beaumont, he had every
reason TO believe that Governor
Smith Of New York would be the
democratic nominee for president.
and IL his conscience demanded that
he should rot vote for him, he
should not have taken the vow. but
in honor and good faith would have
had his name removed from the
state ticket and affiliated with the
party whose national nominee he is
working. That action would have
met the demands Of his conscience
and removed him from a position
subjectinE him to just criticism.
1T il not the intention Of this
court to censure and criticize the
actions Of those who have been dem-
ocrats, but now forsake the party
and enter the ranks Of the republi-
can party, but its opinion is con-
fined and restricted TO the case now
under consideration and cases OF
like character which may arise here
after.
Upholds Committee
This court will not lend itself 10
any far-fetched construction Of the
powers OF the state executive COM
mitee as would deprive the constit-
uent committees Of the party Of de-
Tense against any fraud attempted
10 be perpetrated on the loyal men,
bers Of the party. This court i not
prepared 10 hold that the democratic
executive committee Of Cameron
county cannot in self-defense and in
defense Of its loyal democratic con-
stituency refuse to place on its pri-
mary ticket the names Of men seek
ing office while admitting that they
have violated their obligations 81
loyalty to the party. and intend to
carry their d~isloyalty to the extent
Of combining with the arch enemies
Of democracy in defeating its high
est candidate, and thereby cause
Generalization if not d-isintegration
Of the party"