The Montgomery advertiser., 1904-10-14
THAT OFFICIAL BALLOT
ATTORENY GENERAL WILSON
 WRITES AN OPINION.
Names of Candidates May Appear un- der More Than One Party Em- blem---Tnstructions for sec-
 retary of State.

On the official ballot to be used in the November election one candidate may have his name printed in two places, once as a Republican candidate and once as Populist candidate, pro- vided the proper authorities of those parties have certified to the nomina- tion of the candidate.
 This was the interpretation of a part of the general election law made yes- terday by Attorney General Massey Wilson in an opinion written at the re- quest of Secretary of State D. R. Mo- David.
 Mir. McDavid wanted the opinion to guide him in preparing the formal cer- tificates of nominations which will be sent out from the Secretary of States office today to the Judges of Probate of the different counties of the State.
 In two of the Congressional Districts of the State the Populists and the Re- publicans have nominated the same man for Congress. Tn the Seventh District T. W. Powell is opposing Con gressman John L. Burnett and in the Fifth District B. W. Walker Is oppos- ing Congressman J. T. Hefiin. Under the wording of the law the Secretary of
 
 candidate could have his name placed under two separate party emblems.
 The Attorney General also in his opinion informed the Secretary of State that he would have to take judi ciai knowledge of the decision of the Supreme Court on the Lusk act. In other words he was to pay no attention to the certificates for nomination of judicial officers in either the Sixteenth or Seventeenth Circuits, because the court had expressly declared that there were no such political subdivisions of the State.
 A peculiar condition exists in the Tenth Judicial Circuit. The Secretary of State will certify to the Judge of Probate of Jefferson County that Messrs Ferguson, Coleman, Senn and Weaver are the nominees for Judge of the Tenth Circuit. There is only one Judge of the Tenth Circuit now. The Supreme Court in the consolidated court decision knocked out three of the places. A foot note to the certificate will, however, notify the Probate Judge that only one candidate is to be voted for.
 There is a remedy for the condition. Judge Coleman is the agreed upon can didate for Circuit Judge. Messrs Ferguson and Seen are now judges of the Birmingham City Court. and they will remain in those places now. MT. Weaver has already withdrawn as a candidate. To prevent their names from being placed on the official ballot Messrs Senn. Ferguson and Weaver will only have to serve notice upon the sheriff that they will not be candidates. This notice must be served twenty days previous to the election.
 There are at present three. Demo- cratic candidates for solicitor and three Democratic candidates for Judge in the Ninth Judicial Circuit. The certificate of the Secretary of State will state that John A. BiIbro and John A. Inzer were nominated for Judge and Solicitor in a primary in the Ninth Circuit. A foot note will state that the npminations of W. W. Haralson and John B. Talley for Judge and R. c. Hunt and Leon Mc- Cord for Solicitor were made by a peti- tfon. The certificate will of course carry the information of the nomination of the Republican candidate for Solici- tor and Judge in that circuit.
 This will still leave a Xexed question in the Ninth Circuit. VA convention will select the Democratic candidate for Judge and Solicitor fin that circuit It will not be held until October 26 It will then be too late for the defeated candidates to have their names taken of the tickets. It is possible that the names of candidates for Solicitor and Judge will have to be written on the ticket. It is also possible that a num- Der of stencils or stamps with the proper candidates names upon them viii have to be brought Into use-in the Ninth Circuit.