The Banner-Democrat. [volume] (Lake Providence, East Carroll Parish, La.) 1892-current, 1900-03-24

the Holmes committee primary cleo
ton was held in the two parishes OF
East Carroll and Madison on the 9Th
Of December. 1899. The returns we're
duly canvassed by the canvassing
boards Of he respective parishes. The
Eas; Carroll bonrd certified the resu;is
u ttlp election in the parish Of East
Carroll TO the chairman OF this district
xecutivp committee, under date OF
Dec IL. 1899 The canvassing board
of The parish Of Madison seems 10 have
bai more difficult task 10 perform
than The board of the parish Of East
Carroll and did not complete its la
bors. nor certif. the result of the cleo
ton to the chairman of the district
committee until Saturday, Jan 8. 1900.
lis report If that date concludes with
the following language: 'After hav-
inc finished compilation and tabnlation
of the whole vote and having certified
the result TO the chairman OF the dis
trict executive COMMITTEES. and there
being no further business. the board
adjourned sine die"
hands Of the chairman of the district
executive committee within day or
two after the dates of the certificates
seems hardly open to dispute, but they
were ccrtainl in his bands on the 18th
day of January, when he wrote his re-
ply to the request of w. NJ. Murphy
and ID NJ Evans that he should pro-
mulgate the returns
Those returns showed that w. M.
Murphy had received majority OF the
votes If the district for nomination to
the Office of state senator; that ID. nj.
Evans. Jr. had received majority of
the votes cast for nomination to the
office of district attorney of the district.
and that F. F. Montgomery had re-
cpived a majority Uf the votes cast for
the nomination to the Office Of judge
of the district. On the 1l.h of Jan
uary. after the cnnvassing boards had
certified the result oil the primary cleo
ton. Judge Montgomery died. On the
18th Of January Messrs Murphy and
Evans. the two surviving candidates,
presented Il demand to MIR. H. B..
Holmes. the chairman of the district
committee. requesting that he should
promulgate the results of the election.
Mr.. Holmes answered. acknowledging
receipt of their communication. and
stating that he had called The district
committee to meet at Talluiah on Mon
day. Jan. 10. to promulgate the result
IL Cor n tctr ~ nj
fees. adding that the death of the Hon.
F. F. Montgomery left the district tick
ct incomplete, and that he thought il
his duty to relegate the matter to the
whole committee The chair man ac-
cordingly called meeting of the old.
or Holmes committee. whose action
eliminated in the nomination OF Mr..
Holmes. Messrs. Murphy aud Evans.
the two surviving candidates out of
the three voted for at the primary
election If Dec 8. assumed that the
right to name the new executive c"m-
mitlec vested in them. and they named
the new. or Colthar2 committee. whose
action eliminated in the nomination of
Mr.. Ransdell.
Upon these facts consider that
THE MOST IMPORTANT QUESTION
to be decided ia whether or not Messrs.
Murphy and Evans had ut any time ac-
quired The right to name the members
of the new executive committee, and il
they did ever acquire such right. did
that right exist at the TIME when they
claim TO have exercised it. to-wit. ON
the 18th day of January 1900. and did
it exist when the Coltharp committee.
BY them appointed. acfed' on the 18th
day If January. 1900. l consider this
the only really important point Ia he
decided. because the C"ltharp commit
tee, if it was the legal party authority
i'm the Ninth Judicial district on the
18Th day of January. 1900. did on that
da, repudiate and declare null and
void the action Of The Holmes commit
tee in calling an election for Jan. 81.
and did itself call an election for Jan.
29.
In the case under consideration.
there can he no question thst the
action of the ,anvassing boards could.
if they had been bodies constituted by
law. have been compelled by nanda-
mus. There can also be- no question
thai If after ascertaining the results Of
the election they had failed 10 certify
them as required by the agreement
from winch they derived their powers.
a mandamus would, If they had been
bodies constituted by law. have issued