The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1903-08-19
THE TREASURY
NOMINATION.
WIN. TURNBOUGH INSTITUTES LEGAL
PROCEEDINGS TO GET INTO
SECOND PRIMARY.
A Petition For Mandamvs To Compel
The Executive Committee 10 Place
His Name On Official Ballot.
Judge Powell Turns The Petition Down
Because There Is No Law For II.

Because There Is No Law For II.
The contest for the nomination
of County Treasurer in this county
assumed a new phase after Thos.
w. Keenan, last week announced
his withdrawal from the race. On
Saturday, VIM. M. Turnbough,
who stood third in the race in the
first primary, appealed to Hon.
A. C. McNair, Chairman of the
County Democratic Committee, to
have his name placed on the Sec
ond primary ballot, in place of
Keenan's, and on being refused
by the Chairman, unless such an
order was passed by committee,
he filed petition to the Circuit
Court, through his attorneys,
Messrs. Brennan and Hannah, for
a writ of Mandamus, to compel the
committee to accord him this rec
ognition. The formality of the
usual service was waived by
Chairman McNair, who filed a
demurrer to the petition in behalf
of the committee, and the papers
in the case were promptly for
warded to Judge Powell for his
consideration. The legal docu-
ments, which set forth the
agreed state of facts, and the
law bearing on the case, together
with Judge Powell's decision, is
given below:
State of Mississippi,
Lincoln County.
To the Honorable Robert Powell,
Judge of the Seventh Circuit
Court District of the State of
Mississippi.
Your petitioner, William M.
Tournbough, shows that he is a
duly qualified elector of Lincoln
County, Mississippi; that at the
primary election held in said
county on the 9th day of August,
A. D., 1908, under the auspices OF
the Democratic party, that your
petitioner, Wade L. Summers,
Thomas W. keenan,, James F.
Watson, Prentiss Buie, and w. G..
Price, each of whom is a qualified
elector, of said county were can
didates for the Office of Treasurer
of said county and were voted fol
for said Office by the voters of the
county. At said election, the
said Thomas W. Keenan, received
522 votes for said Office, Wade L.
Summers received 1926 votes, W.
G. Price received 3O4 votes, Prem.
tiss Buie received 100 votes, and
James F. Watson received %
votes, and your petitioner re-
ceived $50 votes. On the 7th day
of August, A. D. 1908, the Dem
ocratic Executive Committee OF
said county, of which committee
the defendant A. c. McNair is
the chairman, met at the court
house of the county and received
and canvassed the returns of the
election and declared the result
and announced the names of the
nominees for county, and county
district offices, and the names Of
those candidates to be submitted
to the second primary as is provi-
ded by Chapter sc of the laws OF
the State of Mississippi of 1902.
On a canvass of the returns by
the said Executive Committee #
was ascertained that neither of
the candidates for said Office of
treasurer received majority OF
the popular vote cast for said
Office and such results were then
declared by said committee, and
the committee announced that the
said Thomas w. keenan, and
Wade L. Summers were the two
candidates who received the high
est popular vote for said office Of
treasurer, and that their names
should be submitted to second
primary election to be voted for
by the qualified Democratic vo-
tiers of the county, and such an
nouncement and results were &C
cepted and acquiesced in by the
Democratic voters of said county.
Petitioner shows that the said
committee after having discharged
its duties and functions under said
act of the Legislature adjourned
on the 18th day Of August, A. D..
1903, to meet on the 28th day of
August, A. D. 1908, which is the
day succeeding the several primary
election, ordered under said act
Of the Legislature by the pro-
per authority.
Petitioner shows that on the
18th day Of August, A. D. 1908,
the said Thomas w. Keenan, with
drew as candidate for said Office
and refuses further to become a
candidate and to allow his name
to be submitted to and voted for
as such candidate at the second
primary election to be held in said
said chairman, A. G. McNail,
of his A. D. 1908, and he
notified the county on the
9th day Of August. with