The Montgomery advertiser., 1904-09-28
ANOTHER LAW INVALID
MONTGOMERY CITY BEATS MAY
 HAVE TWO JUSTICES.
Sud.e sayre Grants Writ Directing That Names of W. g. stohes and W. c. Fuller be Put
 ou Ballots.

rYnIasa the Supreme Court sets aside an ard.r of Judge T. Scott Sayre of tha Circuit Court of Montgomery the names of w. s. Stokes and W. c. Fuller will be put on the ballots to De useo in the November election as additionai candidates for Justices of the Peace from Beats and respectively or Montgomery County, and the woLos sryote for Two" instead of vote TOT One" will appear opposite the list or candidates for this office.
 In granting a writ of mandamus yes terday morning to W. c. Fuller direct ing Probate Judge J. B. Gaston to put his name on the ballot as candioate for Justice of the Peace from Seat .. Judge Sayre hefd that the act passed by the last Legislature providing TOT but one Justice to each city peat or Montgomery was invalid. The defect in the law, 1t appears. Is that proper notice of its introduction to the iesis- lature as a bill was not given.
 Justices Stokes and Fuller were can didates for the offices they now hoid in the April primary of the Democratic marty. They were defeated respective Iv bv $. H. Beasley and B. c. Tarver. Recently they decided to test the new law bv which the number of Justices Tn the citv beats were reduced from two to one. They secured petitions signed by more than twenty-five electors re- ouesting that their names be placed on the ballots Then they applied to Probate Judge Gaston with the knowl- edge that Judge Gaston would deny their petition.
 For the purpose of testing the new law Justice Fuller on Monday filed an application with Judge Sayre for. a writ of mandamus directing Judge Cas- ton to put his name on the ticket and to print the ticket so that two Justices instead of one might be voted for in the November election. In his petition he set forth the ground on which the new law was invalid.
 Without entering into the merits of the contention Judge Sayre yesterday made the following order:
 This cause is submitted on appli- cation of the State of Alabama ex rel W. c. Fuller, for a peremptory writ of mandamus directed to J. B. Gaston, as Probate Judge of Montgomery County. and upon the admissions of the answer of said J. B. Gaston, and the same having been considered by the court, the court is of the opinion that the petitioner is entitled to the relief pray ed. It is therefore ordered that. a peremptory writ of mandamus issue to SalQ J. B. OdStOn as PrODat6 JuOB6 or Montgomery County commanding him to cause to be printed upon the official ballots for the use of electors in pre- cinct No. 8 of Montgomery County a, the general election to be held on November 8, 1904. the name of W. C. Fuller as a candidate for Justice of the Peace of said precinct. And he is further commanded, at the appropriate place in connection with the names of the candidates for Justice of the Peace for said precinct he shall cause to be printed the words Vote for Two"
 As the matter now stands 1t Is proba- ble Judge Gaston will put the names of Justices Fuller and Stokes on the ticket as independent candidates their names not having been certified to him by any party and the law specifically requiring him to have the list of can. didates printed under the emblem oi the respective parties.
 It is highly probable that other can didates will ask to have their names printed on the ballots under the decis- lon of Judge Sayre and that each city beat will have more than one candi- date for Justice of the Peace.