The Birmingham age-herald., 1904-04-03
COURT SUSTA|NS
 THE DEMURRER Petition of H. K. White and
 Others Denied THE DECISION ACCEPTED Judne Cenn nanfad patifioY. for Writ
Judge senn Denied Petition for Writ of Mandamus Compelling Commit tee to Place Names of Petit
 tioners on the Ballots.


 Ruling that candidates as delegates to the state democratic convention, or in fact any other political meeting. are not candidates for public office, Judge Charles A. senn of the city court of Birmingham yesterday morning rendered a decision sustaining she demurrers of the respon- dents, and dismissing the petition of II. K White, J. H. F. Moseley, Lee Cowart, William P. Fort and George H. Estes, who sought in this court, a pre-emptory writ of mandamus compelling the mem bers of the subcommittee of the Jeffer- son county democratic executive commit tee to have their names placed upon the ballot as candidates for the state con- venton.
 The case was called yesterday morning at 10 o'clock, Chairman J. B. Aaird and the members of the subcommittee being represented by Attorneys E. K. Camp bell and s. b. Weakley, and the peti- tioners by Attorney H. k. White. The demurrers to the petition for a writ of mandamus were presented, and after hearing the attorneys in the case on the matter Judge Senn announced his de- cision dismissng the petition
 The following is a copy of the demur- rer
 And now comes the respondents in said cause by their attorneys, and demur to the application filed by the relators upon the following grounds:
 "First-For that the court is without jurisdiction to hear and determine the matters involved in said applications
 "Second-For that the act to regulate primary elections referred to in said ap- plication in by section 1 thereof express ly confined elections for the purpose of nominating candidate or candidates for public office, and it appears from the said application that the relators are not candidates for public office, and that they are not seeking a nomination as can- didates but that they are seeking an election as delegates to a political con- vention, and the said act has no applica- tion to elections of delegates to political conventions.
 "Third-For that the respondents in the discharge of their duties as a committee to arrange the primary election and ar range the ballots to be voted in said cleo ton are vested with a judgment and dis erection which will not be controlled by the court.
 
 in said aplication do not give the right to the applicants or to the court to com pei by mandamus the performance of the matters sought by said proceedings.
 "Fifth-For that it appears from the said application that the said reators have not compiled with the rules and regulations prescribed by the committee, in that they failed to file their applica- tions within the time fixed by the com mittee for the filing of applications.
 ''Sixth-For that said application fails to state and set forth the plan adopted by the committee and under which the said primary election Is to be held, and the court cannot say from said applica- ton that the committee has failed In the performance of the duties required by the state plan or the act of the legisla- ture regulating primary elections
 "Seventh-For that the act of the leg islature above referred to does not fix the time within which appicans shall be filed, but leaves the same to the determ- ination of the committee or governing authority calling and holding the primary elections.
 "Eighth-For that the provisions of the state requiring persons who desire to submit their names in primary elections to notify the chairman or governing au- thority of the party not later than fif- teen days next preceding the holding of the election does not confer upon such persons the right to file his application re- gardless of the rules and regulations adopted. but is a limitation upon the right of the committee to fix less than fifteen days before the election within which parties must comply with the rules and regulations governing primary elec-