The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-03-11

The announcement of Judge VIM. y.
Johnson for reelection 20 the Office of
recorder has brought up the question
OF his eligibility to hold the office
owing to the fact that the city char
ter contains q provision that none
other than an attorney can hold the
Office. This amendment 10 the char
ter was made by the legislature of
two years ago.
The city executive committee will
place the name OF Judge Johnson on
the official ballot. this being done
upon the advice of Judge Carter. The
committee has nothing 10 do with the
eligibility of candidate. Should
Judge Johnson be reelected then the
matter of mis- being eligible TO hold
the Office viii be decided through the
regular court channels.
Judge Johnson when seen by a
Journal representative yesterday at
teTnoOn stated that he had been ad-
vised by his attorney that should he
be elected he is eligible to hold the
Office
Chairman Anderson's Views.
Chairman Anderson, when seen
later regarding the matter said that
the city executive committee will be
governed entirely by the advice of
Judge Carter in the matter, which is
as follows:
Pensacola. Fla March g 1909
Hon Warren r Anderson, Chm. City
Democratic Executive Co, City.
Dear Sir: / have given consid-
Grafton to certain legal questions con-
corning the powers and duties of your
committee submitted by you on yes
terday. and advise that in my opinion
the committee has no power to refuse
TO place upon the official ballot i'm the
approaching primary city election the
name of a proposed candidate for
nomination because in the opinion OF
the committee such candidate is in |
eligible to hold the Office for which |
ne seeks nomination if elected there |
to. II has been so held in Kentucky, |
Young vs.. ReCkham, - 5. w. Rep
1892 where the committee was given |
by statute powers as great II not |
greater than those conferred by our |
statutes upon the committee and | |
think from principle that decision is |
correct. See also as bearing upon the |
question. State vs.. Parish Democratic 1
Committee GaD 45 So. Rep. 526;
Freeman vs.. Board o. Registry x |
Election IN. j. 81 Atlantic Rep. 713. !
am unable 10 find anything in the |
statute which authorizes the commit |
tee TO require from candidates in the |
primary a statement that they possess !
the legal qualifications necessary to |
hold the Offices for which they seek |
The policy of the pri- |
mary, as well as our general election /
laws. is to leave TO the voters a wide |
discretion As 10 who shall be nOmi- !
mated or elected to Office. OF course /
If they make the mistake of electing !
to office one not properly qualified. |
the courts or some other authorized /
agency will correct the mistake, but /
party committee and election officials |
have no such power. The matter of |
qualification for Office is a judicial |
question over which the committee Is |
given very limited power. 1t may |
perhaps require of the applicant a /
statement that he is a lawful electOr |
which is one of the qualifications Tor |
most Offices. but II has no authority |
to require more 50 far as Qualifica- |
tons for Office as distinguished from /
the qualifications of a voter are con- /
cETncC.
Yours very truly.
FRANCIS B. CARTER"