The Montgomery advertiser., 1904-09-30
WANTNAMES ON BALLOT
STOKES AND FULLER DESIRE TO
 RUN AS DEMOCRATS.

' 
 STOKES AND FULLER DESIRE TO RUN AS DEMOCRATS. County Committee Consider Applica- ton of Two Justices of Peace and Postpones Action Until October 15.
 The Democratic Executive Commit tee of Montgomery County, at spe- ciai meeting held yesterday at noon declined to authorize the placing oi | the names of w. c. Fuller and W. s. Stokes on the official county ticket as | candidates for Justices of the Peace in Beats 8 and 2 respectively.
 The refusal of the committee was | not final, however. Another meeting of the committee will be held on Oc- | tober Is, and the question will be re- | opened. It Is possible that the names of Messers. Fuller and Stokes with the names of other candidates ,whi pc | placed upon the ballot with certain ! restrictions. These restrictions are | to safeguard the interest of the De- | mocratic nominee in case the Screws act which reduced the number Of JUS | tices in each city and beat of Mont- l gomery County to one should De de- clared unconstitutional.
 The committee If it decides to per l init the printing of the names Of two l candidates for justice nthe omciai | ballot will require an agreement rom 1 tba candidates who were not the nomi- | nees in the primary that they Will resign even should they receive lar | ger vote than the regular Democrat l ic nominees.
 l The meeting yesterday which was l held in the Board of Revenue room | of the courthouse was called TOT the special purpose of canvassing the returns and declaring the results or | the primary of last Monday for Coun- ty treasurer But the Justice of the Peace question took the center Of the stage and kept 1t.
 Messers. Fuller and Stokes were | represented bfor tn committee py
 Thomas w. Martin. MT. Martin said
 that his clients were and had always been loyal Democrats and did not care to appear in any role that would ep1p
 rass the Democratic authorities of the
 party. Mir. Martin contended the act which reduced the number of Justices
 of the Peace in the city beats from
 two to one was unconstitutional. He said this view fthe case was heid
 by Judge T. s. sayre who granted an
 application of Mir. Fuller for man.
 damus to compel the probate judge to
 put their names on the omcial tIck
 cts as the second candidates for Jus
 tices in their respective beats. His
 clients did not wish to appear in the attitude of running as independents
 and he asked that the committee exc
 ciseis authority in placing the two
 petitioners upon the ticket as Demo-
 crats.
 The question was asked if the man .
 damus proceedings would be appealed,
 No reply could be made to the question: hut later in the day Probate Judge J.
 B. Gaston to whom the mandamus was
 directed said that he would not ap-
 neal the case although any interest
 ed party might do so.
 l Chairman A. H. Arlington saw some
 danger in the proposed. action. II
 might, he said, put the committee Tn
 deep water. The decision of Judge
 Sayre hardly meant that the law was
 unconstitutional. Other courts might
 he called on to pass upon the question
 before 1t was finally decided. Sup pose, he said, these gentlemen should in the November election get more 4 votes than the regular Democratic ! | nominee for Justice of the Peace. Would they resign? He had been in- formed that they would do so. lie suggested that an agreement to that , end in writing be made. He wished to safeguard the interests of the Dem ocratic nominees and to do nothing that would embarrass them.
 } Tyler Goodwin was of the opinion that the committee Juld safely have
 the names of the petitioners placed
 unon the ticket. He too, was opposed . to do anything that would emoar- rass the nominees. He felt sure that
 if the names of the petitioners were . placed upon the ticket and they were f elected, when the Supreme Court de- 1 clared the law was constitutional they = would step down and out Tn iaVor oi
 the Democratic nominees.
 Charles B. Teasley presented reso- f Iutton which declared that the candi- !. dats who ran for Justice of the Peace y in the April primaries and who re- l ceived the next highest vote, might De-
 come candidate for the second place a of Justice and that the committed would recognize them as Democrats
 and not consider them as independents
 Temple Seibles was opposed to al- lowing any name in the Democratic
 columns except the names of the q rogular Democratic nominees. The
 Teasley resolution was finally post
 noned until October 15 when special . rnaetinx of the committee will be
 hold to settle the vexed question.
 The regular business for which the | committee was called toBether was
 quickly transacted. The thirteen mem
 hers who were present were not called mon to listen to any complaint as to the conduct of any box in Monday urinary. Chairman Arlington sub
 ,,itted the tabulated returns as they had been made to him.
 The totals were as follows: John asl Cochran, SIS; Isaac D. Collier, 526;
 Co,,a ~ Clisby. 349; Whit w. , Brame. 22l. J. T. Cone, 16o votes, J.
 p. O'Connor, 76 votes.
 A formal resolution declaring MT
 Cochran the nominee of the Democrat
 ic party fcs Treasurer of Montgom-
 nrv County was adopted and the Chair
 man and Secretary were instructed to
 certify the nomination to the Judge of
 Probate. ,o.a tho the primary had cost s26s'7o after the
 nsvment of which there remained = t'in nn of inc amount collected from g tba candidates. The committee in .,,oted the chairman to pro rate the