Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1902-09-04
Cd N NIT TEE
TODECIDEON
ELECTION
STATE DEMOCRATIC EXECU-
TIVE COMMITTEE WILL PASS
ON THE ELECTION OF NEW
SUPREME COURT JUSTICE.

What the state Democratic committee
viii do regarding the election Of a sue
1 cessor to Justice Hal T. Lewis of the SUI
preme court is the question that the peo-
pie in the political arena are discussing to-
day. The Democrats fear that the Popu-
lists and Republicans might combine
against the Democratic candidates in
event that there is no nomination or
primary.
Chairman Edward T. Brown. of the
committee. will probably call a meeting
of the committee as soon as he returns TO
Atlanta. He was expected home last night
and will very likely issue call Tor the
meeting on his arrival.
There will be an election which Will
be held >on Wednesday. October LIST, the
day of the general election In Georgia and
whoever receives the highest vote on that
day will be sworn in as Judge Lewis
successor.
No complications have arisen regarding
the selection of a new judge. There is
question as to whether the secretary OF
state should open the returns and declare
the result or whether the returns should
be sent to the general assembly ana not
opened In the latter event the successor
TO Justice Lewis could not be qualified un-
I'll after the meeting of the general as
sembly and Governor Gambler would prob
ably appoint a man to serve on the bench
for the short term of Is days In order
70 carry out the provisions of the constl-
tuition which say That the supreme court
must consist of a chief justice and nVe
associates.
The law regarding the election of su-
preme court Judges says that they must
be elected in the same manner as is pre-
scribed for the election of governor and
other statehouse officers, and the returns
in these elections are opened and counted
by the general assembly.
But the act of 1895, which auded three
supreme court justices to the three then
on the bench, states that the returns IN
event of a vacancy shall be made to the
secretary of state. The following is the
provision:
I'm case of any vacancy which causes
an unexpired term, the same shall be hlled
by executive appointment. and the person
appointed by the governor shall hold his
office until the next regular election and
until his successor for the balance of the
uneoxpired term shall have been elected
and qualified. The returns of the said spe-
cial election shall be made to the secreta-
ry Of state"
There is considerable doubt as to the
meaning Of the word special" in the last
sentence of the section If the election
is construed as a special election the sec
rotary OF state will, of course, announce
the result and the man elected would be
able to qualify for the bench before the
regular meeting of the supreme court for
the October term, on October 7th. Returns
in the elections for judges of the superior
court are opened by the secretary of
state. and II is said by some lawyers that
the word special means that the cleo
ton to fill a vacancy IS TO be entirely
separate from the general election, and
that the secretary Of state is TO declare
the winner.
Attorney General Wright was telegraph
ed for by Governor Gambler yesterday
and will hold a conference with the chief
executive this afternoon or tomorrow
morning At that time he will decide the
law on the question and If he says that
there is no provision authorizing the quail
flying of a Judge of the supreme court
before the general assembly meets Gov
ernor Gambler will probably make an APP
pointment for a period of ten days or
from october 7th when the court meets
until October 23rd when the returns will
be consolidated by the general assembly.
According to the governor he has not
accepted the resignation of Justice Lew
is He was emphatic in denying that
there was any vacancy on the bench this
morning when seen by newspaper men
and stated that the resignation was to be
accepted at his pleasure. There Will be
an election. however, and whoever is cleo
ted will fill the unexpired term of Justice
Lewis. which is four years from January
LIST. Governor Gambler will not have the
power to appoint for that length of time.
No new candidates have announced for
the position yet. Judge John s. Cand-
Ter. of Dekalb county; Judge George f.
Gober, of Cobb county, and Judge w. r.
Hammond, of Fulton county; are the only
candidates.
There was some talk today that Judge
James X. Hines. who recently declined
the Populist nomination for governor,
would make the race as a Populist candi-
date Judge Hines is not in Atlanta and
could not be seen regarding the report.
1t seems to be the general belief, how
ever that he will run If the Democratic
committee makes no nomination or does
not order a primary.
With two or three Democratic candi-
dates in the race the chances of Judge
Hines to poll the solid Populist and negro
vote in the coming election would be ex-
cellent so II is said, and although he is
out of the city IL is not thought that he
would make any announcement for the
position or any announcement regarding
his intentions until after he had learned
what the Democratic committee proposed
TO do in the matter.
Judge George F. Gober, of Marietta,
who is q candidate to succeed Judge
Lewis. was in conference with Governor
Gambler yesterday for nearly an hour.
II is not known whether Judge Gober will
in event Governor Gambler finds out that
he will have to make an appointment
for that time. Judge Gober has a very
strong following I'm many sections of the
state and his friends are confident that
he will be elected.
Judge John S. Gambler Is busy at his
headquarters in the Temple court bUila-
ing. Speaking of the race this morning
Judge Gambler said:
Il shall be a candidate to fill the un-
expired term caused by the resignation OF
Judge Lewis. l do not know when the
state executive committee will be called
together or II called together at ALL
shall be perfectly satisfied, however, In
anything the committee sees fit to do.
II II is deemed necessary I'm the interests
of the party TO nominate by a primary
shall be a candidate and shall try to Sc
cure a majority of the legal voters of the
state promising them If elected the same
hard work and earnest effort to enforce
the laws of the state and to fairly protect
the rights of every citizen thereof that l
hope has marked my career on the supe-
rior court bench.
There can be no higher honor bestowed
upon any man than to be one of the final
arbiters OF the rights of the citizens of
this state and TO preside with the distin-
guished gentlemen who now ornament our
supreme bench and 20 sit with them in
the seats once filled by Joseph Henry