The age-herald., 1900-07-29
THE SHELBY MUDDLE HAS BEEN SETTLED Democrats Will be on the Off,
 ciaI Ticket. BALLOT NOT lNVALlDATED By Printing Names of Candidates Ger tified After Expiration of Time Pre- scribed by Law-Judge Long
 shore Obtained Able Opinions
BALLOT NOT INVALlDATED

The names of the Democratic nominees for county offices in Shelby County will be printed on the official ballots to be voted in the election one week from tomorrow. This statement was given out by Judge A. r. Longshore of that county last night after he had consulted with a number of the leading lawyers in the State and who gave him written opinions to the effect that such action by him would not invalidate the ticket.
 There has been considerable uneasiness felt by the Democrats, not only of Shelby, but in other portions of the States, over the failure to get the names of the Democratic nominees in Shelby County on the official ticket but they were confronted by con- dition that could not be remedied by law.
 As has been stated in The Age-Herald several times in the last few days, the Democratic Committee of Shelby County failed to certify to the probate judge of the county the names of the nominees for ooum- ty offices within the time prescribed by law. This fact, in the opinion of many able lawyers of the State, would prevent the probate judge from having their names printed on the ballot, even if he desired to have them printed thereon. Judge Long shore is a Populist and was elected by the Populists of his county and it was believed and so stated at the time that he would take advantage of the situation presented by the failure of the Democratic Committee to make proper certificates. This, however, seems to have been an erroneous conclu- t1,n ;,,,n fOr Inc nominations had expired Judge Longshore called on the chairman of the County EEK ecutive Committee relative to the matter and then communicated with several lead- ing lawyers of the State for the purpose of ascertaining if the ticket would be inval dated if he were to have the names of the Democrats printed on the ticket The opin- ions he obtained in answer to his letters were to the effect that the tickets would be invalidated. Later he obtained other opin- ions from able lawyers saying that the ticket would be legal were they to contain the names of the candidates certified to him after the expiration of the time prescribed by law Following the opinions of the lawyers last communicated with, Judge Longshore concluded to print the names on the ticket.
 Judge Longshore came to Birmingham last night, and in speaking of this matter to an Age-Herald reporter he said
 'Upon the opinion of six good lawyers to the effect:
 'First-That the printing of the names upon the ballot by me would not invali- date it.
 "Second-That, although the nominations were certified two days after the expra7 ton of the time prescribed by law for filing them, there is nothing in the statute which would prevent me from printing on the official ballot the names of the nomi1 nees, and that in so printing them T would not violate any law, civil or criminal, I have therefore decided to print the names of the democratic nominees upon the offic1 ial ballot.
 "As soon as the time expired for filing the certificate of nominations I went to the office of the chairman of the Democratic Executive Committee to find out why he had not certified the names of the demo- cratic nominees for offices in Shelby coun- ty. He stated to me that it was an over- sight; that he had intended to file them but that the matter had been overlooked.
 
 print the names without invaldating the ticket I would do
 \ al once wrote to several leading law yers of the State setting out the facts in the case and stating that Il preferred to print the names if I could do so without invalidatng the ballot. The answers re- ,ceived were to the effect that in their opinion the printing of any name on the official ballot that had not been certified as prescribed by law would invalidate the ballot and would be a violation of my ministerial duties in the premises.
 "Since then I have consulted half a dozen other prominent lawyers whose opinions are clear as to the propositions before stated and upon their opinions and in order that no injustice be done any party and that no advantage be taken of any candidates I have decided to print the names of the Democratic nominees upon the official ballots"