Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-07-17
MANDAMUS IS
Continued from page one)

AColllnueu from page cNc)
governor, for the same reason that
it omitted Loves name.
The only appeal is to the supreme
court, and TO facilitate such an APP
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 b. 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 20 his former party
demands that he should not seek is
honors or emOluments." Tha opin-
ion was written by Chief Justice ".
S. Fly.
Discussing a candidates obliga-
tons 70 his party, the opinion said:
"He cannot weaken or destroy his
moral and legal obligations to 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,
i will not vote for AL Smith If he
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 U
football Of the statutory pledge and
place disloyalty upon a PEDESTAL"
Touching Loves utilization 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 to
elect nominees of an opposing party.
Supporting the nominees ID the su-
preme test of party utilization"
The court then holds that Love
should have had his nam removed
from the party consideration after
the Beaumont convention.
No Censure for Bolter
when Love took the vow OF low
10y ~ AAaG AAMAAAAAEE VI LAE UEINU#
cratic party in order 10 enter a pri-
mary as a delegate to the state CON
vention az Beaumont, he had every
reason 10 believe that Governor
Smith OF New York would be the
democratic nominee for president.
and II his conscience demanded that
he should rot vote for him, ne
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 or his conscience
and removed him from a position
subjecting him to just criticism.
1T is not the intention Of this
court 10 censure and criticize the
actions OF those who have been dcn-
ocrats, but now forsRke the party
and enter the ranks Of the republic
can party, but its opinion Is con
fined and restricted TO the case now
under consideration and cases 81
like character which may arise here
after.
Upholds Committee
This court Will not lend itself tD
any tar-fetched construction OF the
powers of the state executive COM
mitee as would deprive the coustit-
uent committees Of the party of de-
tense against any fraud attempted
20 be perpetrated on the loyal mem
bers of the party. This court is not
prepared 70 hold that the democratic
executive committee OF Cameron
county cannot in self-defense and IN
defense Of It's loyal democratic con-
stituency refuse 10 place on its pri-
mary ticket the names az men seek
ing office while admitting that they
have violated their obligations az
loyalty to the party. and intend 70
carry their ~disloyalty to the extent
OF combining with tile arch enemies
Of democracy in defeating its high-
est candidate. and thereby cause
Generalization IL not disintecration
of the party"