The Birmingham age-herald., 1904-03-29
ANSWER IS GIVEN
 BY CHAIRMAN ARD Says Candidates Names Cannot
 Go on Ticket REPLY TO WHITES DEMAND Chairman of subcommittee Gives Reasons Why Candidates to State
 Convention Cannot Now
 Be Accepted.
REPLY TO WHITES DEMAND

Cnalrman J. B. Aalfu or the cuD-cOm- mittee of the Jefferson county democratic executive committee has made reply to the second demand of H. K White that his, and the names of four others be &C., cepted as candidates for delegates to the state convention. The second demand of MT. White. which was In writing was re- ceived by Chairman Ard yesterday morn ing. The reply was sent to MT. White yesterday afternoon at o'clock. It was delivered by Yancey l.. Senn, secretary of the subcommittee.
 For the second time the demand is re- fused. It will be recalled that MT White said in his letter to Chairman Aird that if the request was resfused again, that the five would-be candidates will resort to mandamus proceedings, seeking to have the courts issue an order compelling the chairman to receive the names as sandi- dates.
 Quite an interesting question has been brought out in connection with the mat ter of mandamus. It is: Before what court will the petition be filed?" It ap- pears that the only judge who can receive it Is Judge Dan A. Green, associate judge of the criminal court, inasmuch as the other judges are all candidates for office, and therefore are said to consider them selves Interested parties
 Chairman Ards Reply.
 The reply to Chairman Ard to MT. White follows:
 Birmingham, Ala, March 2S, 1904. "Hon. II. K. White, Birmingham, Ala.
 Dear Sir-Your communication request ing that l call the subcommittee together today to decided whether or not the list of candidates for delegates furnished by yourself should be printed on the official ballot, and in alphabetical order duly re- eeived Your communication was not re- ceived by me until 11:30 today, and as several of the subcommittee are not in Birmingham. it Is a matter of impossible ity to get the full committee together, and give you an answer by o'clock as requested.
 For your information I will say that the subcommittee by it's plan provided that all persons desiring to submit their names as candidates should file their de- claration of such intention, on or before the Fist day of March. by 6 o'clock. This plan was published in full in the daily papers, besides l took occasion to have notice or the uaIe or tlOSlnB the eHtTits published in the daily papers several times, so the public might be fully ad- vised of the date of the closing of nom- nations. While the state committee took no action that would bind the county com- mittee in the matter when the sub-com- mittee. of which I have the honor to be chairman, met, we adopted the same date for the closing of nominations as that selected by the state committee, to-wit: March 21.
 Early Date Necessary.
 'If you have ever had any experience in preparing ballots, selecting inspectors. giving them notice of their appointment, preparing the ballot boxes, and distribut- ing them throughout the county, you will recognize the necessity for fixing an early date for closing nominations, in order that this may be properly done. As I under stand it. you contend that the sub-com- mittee, under section 12 of the primary law, had no authority to close nomina- tions on the date set forth In the plan promulgated by the subcommittee at the time of the adoption of the plan, and the opposite view was held by the com mittee at that time. The law regulating primary elections gives committees full authority to pass all necessary regula- tions not inconsistent with the primary
  If the committee had said in it's plan that nominations could be filed within ten days before election. then this would have been, as l understand it, in conflict with secton 12. therefore null and void But as the committee made the limit within the time prescribed by law, the regulation Is proper one, and in my opinion a legal one
 Regulations Necessary.
 "In this connection I desire to say that l regret that any gentleman who desires to run as a delegate should be denied that privilege, but you realize that in all things 'certain rules and regula- tions are necessary The state law recog- nizes that fact and prescribed that nomi- nations for state offices shall be filed within a certain time. and if such is not done a party loses the right to be 0 can didate for office.
 ''In regard to the manner of printing names on the ticket, that is a matter en- tirely in the discretion of the sub-com- mittee. as you are aware all provisions in relation to official ballots are ex- Dressly exempted in the primary law, and leaves this arrangement to the wisdom of the committee.
 "As chairman of the subcommittee have given about two months of my time to the work of the party. and have done my best to deal honestly, fairly and i'm. partially with all matters coming before me. and shall continue to do so until this primary Is closed.
 "I desire to say that the committee has not, nor would not arbitrarily refuse to print these names on the official ballot nor are they even exercising any discre- ton In the matter but only carrying out its promulgated rules made in the inter- est of fairness and harmony. and accord ing to law
 Hoping this explanation may prove satisfactory to yourself and the other gentlemen who filed their names with you, I remain,
 Yours very truly.
 (Signed) U. ATRD. Chairman"