The Birmingham age-herald., 1904-03-30
SUBCOMMITTEE
 IS MANDAMUSED Five Convention Aspirants Have
 Filed Petition CASE SET FOR SATURDAY H. K. White ct al. Resort to Courts to Have Their Names Placed on Ticket as Delegates to the
 State Convention.
CASE SET FOR SATURDAY

A petition asking for mandamus pro- ceedings against J. B. Aird, chairman county democratic executive committee, appointed to arrange for the primary to be held on April Il, seeking an order of the court compelling him to have the names of H. K. White. William E. Fort, George H. Estes. Lee cowart and J. H. F. Mosely placed upon the regular ticket as candidates for the state convention, was filed in the city court of Birmingham before Judge Charles A. Senn, senior judge yesterday afternoon at o'clock by MT. White. The petition was received and ordered filed. Judge senn issuing an order fixing Saturday morning at 10 O clock as the time for the members of the subcommittee to appear in court and show cause why the order asked for by the petitioners should not be granted. The entire personnel of the subcommittee are made respondents to the bill.
 Cause of Proceedings.
 The filing of the petition for mandamus
 
 proceedings against the members of the subcommittee comes as a result of the refusal of Chairman Aird to allow the names of the petitioners to go on the ticket, inasmuch as the demand was made after the twenty days limit for can didates who desired their names to go on the ticket to qualify had expired. Several days ago the five wouldbe can didates addressed a letter to Chairman Aird making the second demand that they be accepted, which letter stated that If the demand was again refused they would resort to the courts seeking an order compelling the committee to accept their names.
 The petition, which covers about four and one-half pages of typewriter matter was prepared by MT. White yesterday morning. He says that he submitted it to Chairman Aird and asked him to ac- cept service on the same thereby saving the sheriff the trouble of having his depu- ties call upon each member. MT. White states that Chairman Aird would not agree to this. It will therefore be nec- essary for the deputies to serve the mem bers of the committee as follows J. B. Aird, chairman; D. R. Copeland, F. A. Little, John McCartin. T. Y. Prude, W. T. Poe and Dr. M. c. Ragsdale.
 Election Law Quoted. Tn the petition section 12 of the general primary laws of the state of Alabama, approved October 1, 1903, is quoted as fol- lows:
 Any person desiring to submit his name to voters in primary elections shalll not later than fifteen days next preceding the holding of such primary election. ap- prise, In writing, the chairman of the political party holding such primary, of the fact that he is candidate. and upon complying with prescribed conditions, shall be declared a candidate for nom- nation and shall have his name printed l on the ballots used in the primary elec- tion."
 The petitioners declare that on March 20 they handed their names to the chair man of the subcommittee, asking that they be printed on the official ballot and that with the list of the other candidates lOT lne Stdle COHNt0llDH IDdt HSI pc prepared in order that the voters might select thirty delegates. The petition sets forth that such request was denied by Chairman Aird.
 An alternative writ was asked for, the same to be issued immediately ordering the members of the subcommittee to | appear before the court not later than to- morrow and show causa why tho na m e4 of the five candidates should not be re- ceived, and upon their failure to show cause it Is prayed that a. premptory writ of mandnmus be issued to said respond ents commanding them to receive the ap- picatlons of the petitioners and to print their names on the ballots to be used in | the primary election for delegates to the | state convention. The time for an answer was later changed until Saturday. To Test Election Law.
 MT. White declared yesterday afternoon | that the petition is not filed so much to protect the rights of the five petitioners as it is to enforce the primary laws oi the state. He anticipates that should 6 decision be rendered by the court against the members of the subcommittee that they will appeal the case to the supreme court. This of course, pending the ap. peal to the higher court, will allow the matter to stand as 1t Is for sometime to come. He declares, however that the supreme court will be given an opportun- | ity to final decide upon section 12 of the | general primary laws.
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