The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1903-08-19

drawal of Thomas w. keenan,.
more than 100 qualified electors
of said county have petitioned the
said committee through its chair
man, A. G. McNair, who in that
behalf, is the representative of the
committee, and SO recognized and
constituted by the committee and
who has full power from the COM
mittee to act for it in that behalf,
to have the petitioners name
placed upon the ticket in the place
of Thomas w. Keenan's in order
that the petitioner might make the
race with Wade L. Summers for
said Office of treasurer; and that
the qualified Democratic voters of
the county might have the oppor-
tunity of voting for and nomi-
mating your petitioner as a can
didate for said Office at the pri-
mary election to be held on the
9th day of August, A. D. 1908.
Petitioner has also made appli-
cation to the said committee
through its chairman for the same
to be done, but the committee,
acting through its chairman, re-
fuses to put the name of your pc
titioner on the said official ballot,
and to allow him to be voted for
for said Office at said election
the chairman, speaking for the
committee, claiming that said act
of the Legislature under which the
primary election.is held does not
authorize the name of your petit
toner to be placed upon the ticket
to be voted for as a candidate for
said Office at the second primary
election to be held August 9th,
A. D. 1908. In this, your petit
toner AYERS that the committee
and its chairman are mistaken in
the law, and he ayers that he has
the legal right after the with
drawal of Thomas w. Keenan, to
have his name placed on the ticket
to be voted for as the candidate
for nomination for said office at the
second primary election, and he
AYERS that it is the legal duty of
the said committee and it's said
chairman to place his name ON the
ticket.
Petitioner shows that he has an
interest in this matter and that
it is a matter in which all the
Democratic qualified electors. of
the county are interested. Where
fore, petitioner prays your honor
to grant him the States Writ of
Mandamus to be tried in vacation
commanding and requiring the
committee, through its chairman,
to place your petitioners name
on said ticket.
And as in duty bound your pc
titioner will ever pray, etc.
WILLIAM M. TURNBOUGH,
Petitioner.
By Brennan & Hannah, Atty's.
State of Mississippi,
Lincoln County.
Personally came and appeared
before the undersigned authority
in and for said county and State
E. F. Brennan, counsel for the
petitioner, William M. Turn
bough, who after being first duly
sworn according to law, on oath,
states that the matters and things
set forth in the within and fore
going petition, which he states
of his own knowledge are true, as
therein stated, and that which
he states on information and be-
lief, he believes to be true.
Subscribed and sworn to before
tme this the 18th day of August,
A. d. 1908.
To the above petition, Hon. A.
G. McNair, chairman, represent
ing the committee, filed The fol-
lowing demurrer:
William M. Tulnbough,
vs..
A. c.. McNair, chairman, ct al.
In Circuit Court of Lincoln
County, in vacation.
Now comes the defendants and
demur to the petition f e d
against them by the plaintiff in
this case for writ of mandamus,
and for causes of demurrer show:
1st- The facts alleged in the
petition do not show that the pc
titioner is entitled, under the facts
stated, to the writ of mandamus
against the defendants.
2nd-Under Chapter 66 of the
Acts of the Legislature of 1902,
the petitioner, under the facts Of
the petition, is not entitled to have
his name placed by the defendants
on the ticket to be voted in the
second primary election to be held
on the 9th day of August, A. D.,
1908.
3rd For other causes to be
urged on the hearing; wherefore
they pray judgment, etc.
"A. G. McNAIR.