Huntsville gazette., 1892-07-23

and the other as the Tammany demo-
cracy. Under statute similar 10 ours
the New York court granted a per
emptory writ compelling the Board OF IN
spectors to appoint one-half OF the In
pectors favorable to the county demo-
cracy, and this too, when the State com :
mittee had recognized said county demo
cracy for number of years and allowed
it one-half of the representation III lts
democratic convention. (Amerlcan ID !
gest for 1892, page 14l7 )'fhis decision IS
cited to show that the courts do recog
nize factions of the same party and that
each faction is entitled to representation
on the Board of Inspectors.
l think our Supreme court in the case
of Dudley ct al, VS. Cattle, has settled
this question. We judiciallY know that
when Inspectors were qppolnted IN
Lowndes county in 1886 there was no re-
publican State ticket Ia the t1eld, thodgn
one was nominated subsequently the pre-
sumption is that the officers followed the
custom, and what they then thought
was the law and appointed Inspectors,
two of whom were members OF opposing
political parties. We have not the petl-
ton of Dudley ct. al. before us, but we
know from the order of the court that
none of the inspectors were favorable 10
Dudley ct. al. because of the fact that
the Supreme court granted the rule nlsi,
or alternative writ, which meant that II
the allegations were found true as stated
in said petition, the peremptory writ OF
mandamus would have been granted and
its mandate would have been to vacate
in whole or in part the appointments
heretofore made and appoint one in
spector favorable to Dudley ct. al. We
do not know and are not informed what
was the politics of the inspectors of
Lowndes as appointed by its officer :.
Nor do | deem it material. Ii a re-
publican becomes the supporter OF
Jones and his ticket for the
time being he becomes a mem:
Der of the Jones political party.
So if a republican supports Kolb and his
ticket, he for the time being becomes a
member of the Kolb political party.
american Digest for 1891, page 1920,
sec. 80 The word party means part
or portion of greater number of persons
or people of a larger community or the
lack, united by some tie as distinguished
from or opposed to The rest Of the COM
munity or association and endeavoring to
control or influence the general action.
One of the questions by which the people
are divided into parties is that OF public
policy. The word party has further been
defined to mean faction. In politics,
parties are usually known by the policies
they oppose or advocate, but in politics
parties may be known by the name they
bear and may have had their origin in
support of men. | do not care to, nor is
it necessary that | should now discuss the
policies of the contending parties. 1t is
enough to know that we have two parties
or factions in this state, and did have
them on the 9th day of June, 1892. and
that they each have candidates for office,
opposing each other for the offices to
which they aspire. Nor does it matter
by what name each of these parties or
faction is called. One definition OF poll
tics is the management of political p ty,
the advancement of candidate to Office.
Political means pertaining 70 pC44.ics.
| believe, and hold the ~ lis under
consideration to be political and that it
will not be denied that tEey are opposing
each other. 1t will be noticed that |
have eschewed the former parties-re-
publican and demOcrat-and for the pur =
poses of this case, decide the question of
party fealty to be: is the man to be ap-
pointed Inspector, a supporter of the
Jones party or faction and its ticket or OF
the Kolb party or faction and its ticket?
| take it that if the Inspectors heretofore
had all been democrats or republicans
but were now supporters of Kolb and his
ticket, the Jones faction or party would
demand, and | say would have the right
to demand, under our law, an inspector
to be appointed favorable to the Jones
side. SO if all the inspectors were or had
heretofore been republicans or democrats
and were now supporters of Jones and
his ticket, the Kolb party or his faction
would have right under our law to de-
mand an inspector favorable to his, the
Kolb cause. The idea | intend to con
vey is, that at the time Of the appoint
ment Of inspectors, two of them must be
of opposing political parties, that is, one
supporting Jones and mis- ticket and one
supporting Kolb and his ticket.