The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1904-05-12
GOBER GETS NOMINATION.


Wednesday night by the State Demo-
cratic Executive Committee to be the
nominee of the party for Judge of the
Blue Ridge Circuit, the contest made
by Hon. n. A. Morris being rejected.
Hon. Boykin Wright's resolution for
a new primary was defeated by vote
of 20 to IA.
The resolution favoring Judge Gober's
claim was introduced by Hon. A. A.
Lawrence of Savannah. and was
adopted by vote of % to II, after hay
ing been amended by Hon. Clark How
ell that the alleged frauds in Fannin
county about Offset those in Gilmer
county, and that therefore the sum
total of the alleged frauds would not
affect the final result of the primary in
the circuit.
The Attorneys on both sides made
speeches and the committee acted in
its final decision in secret session.
Judge Gober was represented by
Judge Spencer R. Atkinson, John II.
Tye, of Payne & Tye, and VIM. E. Sim
mons, of Lawrenceville.
Mr. Morris was represented by Attor-
neys LutherZ. Rosser of Rossar & Bran
don, and Judge John T. Pendleton.
The resolution introduced by Mr..
Lawrence and adopted is as follows:
Whereas, In the matter of the petit
ton filed by N. A. Morris against Geo.
f. Gober, for the purpose of calling in
question before this committee the
regularity of the proceedings had at the
primary election held in the Blue Ridge
circuit on the Goth day of April, 1904, it
appears by the returns made by the
executive committees of the several
counties that George F. Gober received
majority of 1856; and
Whereas, The said n. A. Morris has
filed a petition with this committee in
which he alleges that Irregularities oc-
Cured in the conduct of the said pri-
mary in the county of Fannin, in said
circuit, and prays that he be by said
committee declared the nominee of the
democratic party for Judge of said cir
cult instead of said Geo. f. Gober; and
Whereas, 1t does not appear either
from said petition or otherwise that
said Morris has commenced any contest
touching the vote of said county of
Fannin by the notice to the opposing
candidate and to the voters as provided
by rule 8, of this committee, .or that
any such contest has been actually COM
menced, either prior to or since the
declaration Of the result by the county
executive committee; and
Whereas, 1t appears from the notice
given to the committee of the county of
Fannin, which appears in the petition
aforesaid, that the same was too indefi-
mite to serve as the the basis of fair
contest of said election, even if con-
test could be so commenced without
the notice of aforesaid and
Whereas, Said contest, if filed. should
have been first declared by the declara-
ton of the result, before the same
could be legally brought to his commit.
tee by appeal; and
Whereas, it is alleged that the friends
of Gober we're not given representation
in the management of the primary in
Gilmer county, Notwithstanding the
request of the chairman of this COM
mittee that both sides be represented
in said management; end
Whereas, if it is held that the vote of
said elmer county gave Morris 457
majority, is fraudulent, thus approx
mately olfSetting the allegation of a
fraudulent majority of 1876 for Gober in
Fannin county and
And whereas, if the vote of both
Fannin and Gilmer counties should
both be thrown out on account of the
Irregularities so charged, the result in
the circuit would not be changed and
Whereas, this committee has no orig
NAL jurisdiction to consider several
matters and things in said petition
stated and has no power to summon
and swear witnesses, and no power to
take testimony of and respecting SAID
several matters and can only act upon
appeal from the judgment rendered by
the county executive committee, be it
therefore
Resolved, That the vote in said coun-
ties of Fannin and Gilmer be as declar-
ed by party authorities in said counties
of Fannin and Gilmer be and the same
are hereby at this time and place ac
cepted and allowed as correct report
of the result of said primary election,
and that the chairman of the state
democratic committee is hereby direct
ed to consolidate the votes of the sew
eral counties according to the face of
the returns as made by the county
executive committees of each county
and to report the result of such consol