Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
find an official ballot with two machine candidates for each office,
and no hope of electing, even were it possible to nominate, a third.
In the old days, when they discovered that an improper candidate
had been nominated, on the very eve of election they could arouse
themselves and defeat him; under all these complicated systems it is
too late. One necessity for such legislation, however, arises from the
Australian ballot itself; when that ballot carries party designations,
who is to determine who is the official party candidate? This problem
is not, however, insoluble. Indeed, it might be argued that it would
be an excellent test to require the various so-called party nominees
to run together, leaving to the voter to determine who was the regular
one. Certainly the legalizing of conventions, caucuses, and other
nominating machinery, has led to great scandals. Under such laws,
whoever first gets possession of the hall at the time named would seem
to be the regular candidate. We have, therefore, in Massachusetts,
seen the scandal of two groups of men making different nominations in
a loud voice at the same time, one at the front of the hall, and the
other at the back, and the courts had to decide who was the regular
nominee. In the opinion of most lawyers, they decided in favor of
those who ought to have been the nominees rather than of those who in
fact were.
In the opinion of many "practical politicians," as well as others,
the whole mass of legislation that recognizes political parties and
applies to anything happening up to the date of election, should be
expunged from the statutes. I would hardly make an exception even
of the "bi-partisan" board. A board should be composed of the best
persons, not necessarily party-colored; if there be any force in the
argument for bi-partisan commissions, it should apply ten times as
much to the judges, but there is no provision in any State of the
Union or in the National government for bi-partisan courts of law.
Massachusetts, alone, so far as the writer is informed, of all the
States, by a certain tradition respects this principle. Very few
Massachusetts governors replace a Democratic judge by a Republican, or
_vice versa_.
Public-domain text, read in full here on John Shaqi.
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