Evening star., 1952-03-30
High Court 10 Hear
Test Case tomorrow.
lon Electoral College
By Robert K. Walsh

critical examination in the Su-
preme Court tomorrow.
This test could prove decisive
for the future of the college and
perhaps for the fortunes Of the
Democratic and Republican parties
nationally. It seems certain to
affect the Democratic primary
May in Alabama. The current
case originated there in dispute
between Administration and Anti
Administration Democrats.
A final ruling also may be a
legal landmark if the tribunal
decides the degree of liberty which
the Constitution bestows on mem
bers of the 165-year-old electoral
institution in voting for President
and Vice President.
Name on Ballot At Issue.
The immediate issue in the
Alabama case Is whether q
Democratic candidate for presi-
Dental elector can be barred
from the ballot for refusal to
promise he will cast his electoral
vote for the presidential and vice
presidential nominees of the
Democratic National convention.
, In 1888 the Dixiecrats were able
to keep President Truman'S name
off the Alabama ballot The States
IL electoral votes went to the
Thurmond- Wright ticket This
year the Democratic regulars
set up the pledge requirement for
candidates for Democratic electors.
Some 13 elector candidates filed
qualifying papers without signing
the pledge. One of them, Edmund
Blair, an Alabama weekly news
paper publisher, declared he would
not cast an electoral vote for
President Truman "or for anyone
who advocates the Truman
Humphrey civil rights program. -
Upheld by State Court.
Mr.. Blair sued to compel
Democratic State Chairman Ben
F. Ray to accept the candidacy
papers. The Alabama Supreme
court upheld Mr.. Blair and ruled
that the pledge violated the
Federal Constitution.
1.-THE decisive inquiry here" the
State court said, sis whether the
Twelfth Amendment conferS on
electors freedom to exercise their
Judgment in respect to voting in
the electoral college for Presi-
dent and Vice President. The
question is a Federal one and
there is no authoritative pro-
nouncement as to it,"
Two of the seven Alabama Su-
preme Court judges dissented
They contended that even if a
presidential elector has a right
to cast "a free and unpledged
electoral ballot" the Twelfth
does not guarantee
him a right "to go to the electoral
college by any certain primary
right"
State Party Appeals.
Mr.. Ray. with the backing Of
the State Democratic organiza-
ton, appealed to the United States
Supreme Court. Because Of the
short time remaining before the
Alabama primary the tribunal last
week agreed to review the case and
arranged for a hearing tomorrow.
: The Alabama regulars" declare
the electoral system, as laid down
in Article II of the Federal Con-
stitution and revised hi the
Twelfth Amendment, provides that
States shall fix qualifications, for
presidential electors.
The Alabama statute says:
every State executive committee
Of a party shall have the right.
power and authority to Ak and
prescribe the political or other
qualifications of its own members,
and shall, in its own way. declare
and determine who shall be en-
titled to vote in primary elec-
tions or to be candidate therein. I"
Minimum Requirement.
In the opinion of the Alabama
Democratic organization, the
minimum requirement for ef-
fective party government would
seem to be that candidates who
seek to run as electors in q party
primary pledge themselves to vote
for the choice of the party"
The other group claims that
the plain-although brief-word.
ing of the Constitutional provi-
sions, and the voluminouS writings
|of the trainers of the Constitution,
|upholds the Interpretation that an
|elector can use his discretion.
This group maintains, more
over, that a political party or
committee cannot legally restrict
an electors constitutional func-
|tion by forcing him to sign a
pledge. Even though electors
customarily have basked in re-
flected glory instead Of bolting
party convention tickets. custom
cannot stale the clear intent of
the Constitution, according to Mr..
Blair and his hackers.
The Alabama regulars" cite
tradition, specific statutes in 81
other States, and several major
decisions by the Supreme Court
during the past 10 years to sup
port their argument that "elec-
tors perform a mere ministerial
AI.A ~,nka,.~ Sr,1ao