The age-herald., 1900-07-28
NO JURISDICTION
 SAYS JUDGE PELHAM He Cannot Entertain Petition of
 Shelby Democrats. NO POWER TO ISSUE WRIT Attorneys for Shelby Democratic Com mittee Confer With Judge Pelham
 and Decide Not to Press App
 plication for Mandamus
NO POWER TO ISSUE WRIT

The names of the Democratic nominees not be printed on the official ticket to be voted in the election one week from next Monday, unless Judge Longshore voluntar- fly consents to so order
 The Democratic committee of that county did not press their application for writ of mandamus against Judge Longshore in accordance with the statement they gave out the day before. This conclusion was reached yesterday afternoon after a con- sultation between Judge John Pelham of the Seventh Judicial district and Messrs. Lane and White, attorneys for the Shelby Democrats.
 In response to a request from the attor- neys Judge Pelham came to Birmingham yesterday to hear the application, and on his arrival he stated to the attorneys that if they could produce any authority where by he could issue peremptory order out of term he would grant the petition, other wise he would have to rule that he did not have jurisdiction of the case at the present time. This opinion was based on a ruling of the Supreme Court of Alabama rendered in the case of the town of Jacksonville vs. Judge E. F. Crook of Calhoun County, wherein the petitioners sought to compel the respondent to remove the county rec ords back to Jacksonville. That case grew out of the removal of the court house from Jacksonville, where it had stood for forty years or more, to Anniston, a majority of the voters of the county having cast bal lot in favor of the removal. Judge Brewer of the Seventh Judicial Circuit entertained petition from the citizens of Jacksonville but finally decided against them. The case was appealed to the Supreme Court and that tribunal held that Judge Brewer erred in issuing the writ out of term It was held that such writs must issue from the court and not from the judge, and as court was not in session he had no authority to order it and therefore did not have jurts- diction
 Judge Pelham had this decision in view when he held that he had no Jurisdiction over the Shelby case at present, as court was not in session. After reading this de- cison, the attorneys for the petitioners stated that they would not present the pe- ttion, and there the matter was dropped
 The situation in which the Democrats of Shelby find themselves is, to say the least, embarrassing. They will have to go to the extra expense of printing posters contain ing the names of the Democratic nominees and then have these distributed in all the precincts and, besides, instruct the voters in the manner in which they will have to proceed in order to cast their votes for the candidates of their choice. This will neces- sarily be both expensive and difficult. This condition of affairs is the result of the fail ure of the canvassing board to report the result of the primary election to the Pro- bate Judge. It is stated that the members of the board claim that they were in a hurry to finish the work put upon them by their brother Democrats, and that when they had finished counting the votes they neglected to make proper certificates to the Probate Judge at the time and that latter the matter escaped them. Thus when the twentieth day prior to the cleo tion came and passed there had been no official notification of the result of the Dem ocratic primaries filed with the Probate Judge, and the provision of the section of the Code prescribing the method by which candidates get their names on the off, cial ticket justified the Probate Judge in refusing to print them.