Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-07-17
MANDAMUS IS
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governor, for the same reason that
it omitted Loves name.
The only appeal is TO the supreme
court, and TO facilitate such an ap-
peal both sides agreed today 10
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 its
honors or emoluments." The opin-
ion was written by Chief Justice WI.
s. Fly.
Discussing a candidates obliga-
tons 70 his party, the opinion said:
Gle 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,
Il will not vote for AL Smith If he
is nominated
by no such q~uibbling." the court
continues, mental reservation or Sc
cret evasion, can a man absoive him
self from a solemn pledge voluntar-
lily made.
Cannot Chain Loyalty
TO uphold such a doctrine" the
opinion continues, would make a
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 q party
who is organizing and working
against the nominees and seeking ~
elect nominees OF an opposing party.
Supporting the nominees IL the su-
preme test Of party utilization"
The court then holds that Love
should have had his name removed
from the party consideration after
the Beaumont convention.
No Censure for Bolter
When Leve took the vow Of low
atty 70 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 10 believe that Governor
Smith OF New York would be the
democratic nominee for president.
and II his conscience demanded that
he should not 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 "
working. That action would have
met the demands OF his conscience
and removed him from a position
subjecting him 70 just criticism.
1T is not the intention of this
court 20 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 ease now
under consideration ard cases Of
like character which may arise here
after.
Upholds Committee
This court will not lend itself 70
any far-fetched construction Of the
powers Of the state executive com
mitee as would deprive the ~constir-
uent committees Of the party Of de-
Tense against any fraud attempted
70 be perpetrated on the loyal mem
bers Of the party. This court IL not
prepared to hold that the democratic
executive committee Of Cameron
county cannot in s~elf-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 III
loyalty to the party. and intend to
carry their disloyalty to the extent
Of combining with the arch enemies
Of democracy in defeating its high
est candidate, and thereby cause
Generalization if not disintegration
Of the party"