sentiment as to party principles from coming into the field as candidates for the nomination for fear the candidate of a minority may be named by receiving a higher vote than any one candidate among the majority candidates. The present primary is, in effect, a convention to which every voter is a delegate and in which the candidate receiving the most votes on the first ballot is the nominee." It affords an opportunity for a man representing a minority and its principles to become the standardbearer of the whole party, thus violating the first principles of the democratic rule which primary legislation was designed to obtain. Several attempts have been made to remedy this obvious defect. In the South it is a general practice to require an absolute majority in primary elections, and in case no candidate receives an absolute majority, a second ballot is taken on the two candidates standing highest on the list. To guard against nomination by too small a minority, Iowa, as we have seen, has provided a certain minimum percentage as necessary for nomination, requiring nomination by convention in case no candidate receives the fixed minimum of votes.

Another plan, preferential voting, was adopted in Idaho in 1909. "Under this statute an application of the second-choice vote is practically as wide as that of the primary law itself. The elector is to vote for both his first and second choice whenever there are more than twice as many candidates for nomination as there are positions to be filled, i.e., whenever there are more than two candidates for a singular office or four for two places in a plural office or body. An absolute majority of first-choice votes is required to nominate for any office, even the office of Congressman and United States Senator. If no candidate for a given nomination receives a clear majority of first-choice votes, the second-choice votes of each candidate are to be canvassed and added to his first-choice votes. Then the candidate having the largest number of both first- and second-choice votes combined secures the nomination."

1 For a criticism of the nomination by plurality vote and an ingenious suggestion for a remedy without readopting the convention system, see an article in the American Political Science Review, Vol. II, pp. 43 ff., by Mr. Charles K. Lush.

2 See the statement in the American Political Science Review for November, 1909, by Professor Leon E. Aylsworth. Washington also has preferential voting (Laws of 1907-1909).

The advantages claimed for this new system of direct nominations are as follows:

1. It encourages active political work on the part of the rank and file by making it easier for the ordinary party member to exercise some influence on the choice of committeemen and candidates.

2. It brings out a larger vote to the primaries than was customary under the system that provided only for the choice of convention delegates at primaries - a sign of greater public interest which it is desirable to cultivate.1

3. It prevents powerful economic interests, such as railway and other corporations, from contributing heavily to campaign expenses and from controlling the nominations to public office. 4. It secures democratic control within the party and prevents it from becoming simply an organized self-perpetuating machine. 5. It secures the nomination of better men by making their nomination depend upon the presentation of their claims to the voters, instead of upon secret manipulations.

The specific criticisms advanced against direct primaries may best be summed up in the language of a Wisconsin opponent:-2

1. The personnel of the office-holding class has not been improved; better, more capable, and cleaner men have not been elected to office; public officers are not more devoted to their dutes; the civil service is not improved by the appointment of a better class of employees.

2. Public morals are not elevated by the change in the method of making nominations. Never before in the history of the state was so much money expended by candidates in campaigns as at present. Never before were there so many open charges of corruption and the unlawful use of money.'

3. It has disorganized parties and built up personal political machines.

4. The members of the state legislature are split up into factions

1 The evidence on this point is overwhelming.

2 Milwaukee Sentinel for November 7, 1909. For this reference I am indebted to Professor R. B. Scott, of the University of Wisconsin. Much of the argument, of course, is mere assertion.

3 Perhaps the most unique way of meeting the charge that the direct nomination system is expensive to candidates is devised in the Oregon law of June 1, 1908, which limits the amount to be expended by each candidate, forbids other contributions, and provides a system whereby the state prints and distributes the pictures and programmes of each aspirant for office-at his own expense.

and there is no party responsibility for their acts, which has resulted in an endless amount of useless and some harmful legislation.

5. The primary contests have engendered so much bitterness that each election brings about a new alignment of personal political machines. . . .

7. Poor men and men of moderate means cannot become candidates for office under the primary election law when there are contests, except on two conditions. They must face ruin or accept money from others to defray their necessary expenses. If they accept financial aid, they assume obligations no public servant should incur.

8. The electors cannot "vote directly for the men of their choice" at a primary election. They must vote for some man whose name appears on the primary ticket, and that ticket is made up of candidates who have circulated nomination papers or caused nomination papers to be circulated. They may all be office-seekers and objectionable to 90 per cent of the voters, but the voter must submit to make his choice from the self-nominated primary candidates.

9. Never in the history of the state have the enmities engendered by political contests been so bitter as they are to-day. All pretence of the old good-natured rivalry between parties has disappeared from the political arena. Charges of unlawful use of money, of a debauched public service, of actual bribery, of personal dishonesty and political trickery were common during the last session of the legislature. . . .

II. While no attempt has been made to compute the entire cost of the law in operation to the taxpayers of the state, counties, and cities, no one will for a moment dispute the truth of the statement that it has been enormous and that no corresponding benefit has resulted.

12. The law gives a decided advantage to the man in office. In the case of a United States Senator or state officer where the candidate must appeal to the entire electorate, the man who is known to the people as the man in office is, has much advantage over the newcomer. The well advertised candidate, although he is an inferior person, will get the nomination over a less advertised, but better equipped candidate.

13. The placing of names of candidates on primary tickets by petition has developed a new industry in this state during primary campaigns the circulation of petitions for hire. The party clubs of former years have disappeared; in their places has appeared the mercenary who secures names on petitions for a consideration. This is an exchange of patriotism for pelf.

14. The abolition of all conventions, county, district, and state, has deprived the voters of parties of the opportunity to get together, rub elbows, and become acquainted. In conventions men from different sections of the state met and exchanged views. They explained the merits and abilities of the several candidates for office and they made

The

"trades" to the advantage of the party ticket in most cases. conventions were the schools of politics to which many young men went for their education and they had an educative value. All the advantages of this free intercourse, and the exchange of ideas and information, disappeared with the abolition of the convention.

15. The provision for making platforms in conventions made up of candidates for office is a confessed failure. Platforms made in that way do not represent the principles of the party, but are mere "catch vote" affairs. Even the candidates who make them do not respect them, for they go out into the field with platforms of their own, in many cases carefully prepared, printed, and distributed.

16. The law has not dethroned the political boss. If we ever had a real boss in Wisconsin before the primary law we have merely changed bosses. Upon that feature of the question there is no chance for argument. The law complicates politics and any law that does this widens the opportunity for manipulation and increases the activity of the boss. In fact, complicated politics require leadership and political genius.

VI. Nominations for those offices to which the direct primary is not applied are, naturally, left to party conventions, but these are in every case regulated with more or less strictness as to selection of delegates, conduct of meetings, and modes of procedure. Minnesota, for example, allows the nomination by convention of all candidates who are not required to be nominated by direct primaries; and the authorized committees of the parties must give due notice of the primaries to be held for the election of delegates, indicating at the same time the officers to be nominated by the conventions so called. In general, the primaries held for the purpose of choosing delegates must be conducted as other primaries, at a regular polling place, which must be kept open a stipulated time. When the delegates chosen at the primaries are to form a convention for the election of delegates to a state convention or that of a district larger than a county, the party conventions of the several counties must be held the same day.

The provisions of the New York law are very full on the election and conduct of local conventions. The term convention is applied to any assemblage of delegates of a party in and for any political subdivision of the state, duly convened for the

1 Apparently this excludes state conventions from the operation of the law, although section 50 of the older election law defines a convention in such a way as to include state conventions.

purpose of nominating candidates for public office, electing delegates to other conventions, electing members of political committees, or transacting any other business relating to the affairs of a party. Delegates to conventions, except those made up of delegates who by party rules are chosen at other conventions, are to be chosen at primaries. Due provision is made for the delivery of certificates of election to delegates chosen at primaries; the apportionment of delegates on a basis of party vote is made obligatory; the room in which the convention is to meet must have ample seating capacity; every convention must be called to order by the chairman of the committee with whom the call originates; the general features of the convention's procedure are determined; and provisions are made for deciding contests over seats. All rights secured to electors, boards, committees, and officials under the act with regard to conventions (among other things) are to be upheld by the courts, and in reviewing any action or neglect relating to conventions, the court is to consider, but is not controlled by, party rules, and shall make such decision or order as justice may require under the facts and circumstances of the case. Service of process on the chairman or secretary of the convention is sufficient.

VII. In connection with the nomination of candidates, especially for state offices, it is a custom of political parties to formulate their principles into a platform. In those states which have not attempted to interfere with the higher ranges of political organization and operation, the function of defining party doctrine is left to the state convention where it originally belonged, in form, if not in fact. The states, however, which have provided for direct nomination of state officers, have also been compelled to consider the question of drafting the party platform. Wisconsin has left this matter to the meeting of the candidates and certain members of the party in official positions at which the state chairman and committee are elected.1 Kansas constitutes by law an organization known as the party council, composed of "the candidates for the various state offices, for United States Senator, for members of the national house of representatives, for the state senate, for the state house of representatives, nominated by each political party at each primary, the national committeeman, the United States Senators and state

1 See above, p. 690.