be effective until a certified copy thereof has been filed in the office of the Secretary of the Commonwealth.'
From the foregoing its is clear that plaintiffs have no legal rights the violation of which could give rise to a claim upon which relief could be granted.
It is also clear that plaintiffs have no standing to sue. Any right based upon Baker v. Carr would be a purportedly constitutional right; and it is a fundamental principle of law (recognized in Baker v. Carr itself, 369 U.S. at p. 204, 82 S. Ct. 691, 7 L. Ed. 2d 663) that no one may raise a constitutional question who is not adversely affected by the action complained of. Premier-Pabst Sales Co. v. Grosscup, 298 U.S. 226, 227, 56 S. Ct. 754, 80 L. Ed. 1155 (1936); Ex parte Albert Levitt, 302 U.S. 633, 638, 58 S. Ct. 1, 82 L. Ed. 493 (1937); Tileston v. Ullman, 318 U.S. 44, 46, 63 S. Ct. 493, 87 L. Ed. 603 (1943); Doremus v. Board of Educ., 342 U.S. 429, 432-433, 72 S. Ct. 394, 96 L. Ed. 475 (1952).
Consequently, defendants' motion to dismiss must be granted.
Having said enough to dispose of the case, it were the part of wisdom to emulate the character of whom Vergil wrote: 'Dixit, pressoque obmutuit ore.'
But the writer of this opinion having once been a Democratic County Chairman in Fayette County, the occasion occurring by reason of this case to think about the functioning of a County Chairman arouses nostalgic recollections and the impulse to reminisce is irresistible. As the poet said 'D'antico amor senti la Gran potenza'.
The thrill of the firehorse, long turned out to pasture, at the clang of the alarum bell pervades the marrow of one's bones.
My service as County Chairman occurred during the aftermath of the Hoover depression. It was a dispiriting sensation to talk day after day with people out of work, for whom I could do nothing. There simply were no jobs for them, and they were ordinarily not qualified for whatever few jobs there were. Social security, unemployment compensation, public assistance, relief, and the panoply of other devices now inherent in the so-called 'welfare state' were not then established. Families were living in burned-out coke ovens and starving. Postwar prosperity and inflation has changed the picture now. It was a physical fact in those days that when I would open the door of my private office to let one person out, two or three would be leaning against it of the throng packing the crowded anteroom.
So I learned well the lesson that the function of a Democratic County Chairman is twofold: (1) to get jobs for deserving Democrats from his county on local, State, or federal payrolls; and (2) to carry his county for every Democratic candidate on the party ticket in his county at every election.
When I became County Chairman, I was given some good advice by a wise and seasoned party veteran: 'Don't won't do; and remember that if anything do; and remember that if anything good happens, the credit must go to the candidates then running or next at bat; but if anything bad happens, you are always the s -- of a b -- .' I endeavored to adhere faithfully to these precepts.
George Washington Forcefully exclaimed, before the Constitution of the United States was adopted, 'Influence is not government.'
A County Chairman has no legal or governmental authority whatever. He is not a public officer at all. Whatever he may be able to accomplish is purely the result of influence. The legal power belongs entirely to the officials. But in a well-functioning administration, if the County Chairman is competent and dependable and shows good judgment in his dealings, the officials to whom the legal powers of government are entrusted by the people in accordance with law, will ordinarily give great weight to his recommendations regarding men and measures. But if he falls short, they are free to disregard him entirely.
And, if officials are elected who are obstinate or have their own personal axes to grind, there is nothing the County Chairman can do about it, even though he clearly sees that the conduct of the legally elected officers will be detrimental to the public or to the party.
When I became County Chairman, our entire ticket except for two offices was elected. But two of the victorious candidates, over my objection, insisted upon appointing a Republican crony to work in their offices. I had no remedy under the Fourteenth Amendment. It was they and not I whose name had appeared on the ballot and on the certificate of election.
The slogan for this campaign was 'Clean Out the Courthouse', and I intended, instead of the usual card and matches, to distribute cakes of soap and toy brooms to the voters. I soon found, however, that there was not a big enough campaign fund to pay for these unusual items. The cupboard was pretty bare then. Subsequently the day of mammoth budgets has dawned. Nowadays every voter wants to be a worker, and thinks that his automobile should be hired to haul voters to the polls. As County Chairman I loved a voter who could and would walk to the polls under his own steam.
I was young and new to the job. Sometimes it offended people who had been Democrats since before I was born when I asked my stock questions put to every applicant: 'Are you a Democrat? How long have you been a Democrat? What have you done for the Democratic Party
that makes you think you deserve this job you are applying for?' Everyone soon realized that I was merely doing my duty conscientiously and that I could not possibly know every good Democrat right off the bat, without some experience in the chairmanship.
Perhaps these recollections dehors the record will add point to the decision, and clarify by illustration the clear distinction between the legal powers of a public official and the political functions of a party worker.
Both law and horse-sense indicate that the plaintiffs in the case at bar can not prevail. Defendants' motion to dismiss is granted.