The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-05-14
M'CARN REFUSES TO
BECOME A PARTY
TO THE LITIGATION
NASHVILLE ATToRNEY-eENERAL
TURNS DOWN PROPOSITION
or ATTORNEYS.
SAYS THERE is 10 OCCASION
Plaintiffs Can Begin Quo Warranto
Proceedings And Can Have the
Questions at Issue Passed Upon.
Unable to Grant Conference.

: tOFney -Jenerdl Jen McCdIu pEtseutS
to the attorneys representing the oil
E election board this morning forma
d written statement declining to sigl
I the petition proyididing for quo war
2 ranto proceedings against Judge San
NJ. Young, l. B. Tigrett and James
? Maynard, who compose the state board
t of elections chosen by the general as
sembly in joint convention under the
election law previously passed at the
same session Of the legislature.
In his answers to the request of the
attorneys Gen. McClrn fully set forth
his reasons for refusing to sign the
petition, his contention being that, re-
CARELESS of the merits of the suit, to
institute quo warranto proceedings
making the state party to the litiga-
ton and involving in the suit the dis
trict encouragement and the state at
torney-general, would produce compli-
cations which it is desirable to avoid;
that the members of the old board Of
election commissioners may pursue
another method of procedure equally
as good speedy and efficient for es-
tablishing the rights of the two sets of
claimants to the Offices Of state cleo
ton commissioners; that, while he
does not wish to place any obstacle in
the way Of a fair adjudication of the
conflicting contention of the claim
ants, he thinks that the members Of
the old board can just as well, and
with just as good chance of success,
bring suit as individuals in the chan
Gerry court; that this course is prefer
able, as the state would not be party
to the litigation, and both sides would
be on an equal footing, and that there
is no point which might be raised by
the plaintiffs in quo warranto proceed
ings which could not with equal force
be raised in injunction proceedings in
the chancery court Mr.. McCarn states
that the very petition presented to him
for his signature might be filed in the
chancery court by the members of the |
old election board with just as good a
chance of attaining the ends sought by |
the bill as If quo warranto proceedings I
were instituted by him in the name of .
the state and as requested by the at
torneys for the old election board.
Gen. McCarn proposed to have
conference with John j. Vertress,
James c. Bradford and D. B. Puryear,
the attorneys representing the plain
tiffs named in the petition, Wednesday
afternoon, but was so busily engaged
that he did not have an opportunity
Of meeting them. He had previously
stated and still states that if the at
torneys should prove to him that
Injunction proceedings in the chan
Gerry court would not be just as good
'or securing an equitable settlement :
If the questions on which judicial ac
ion is sought, he would sign the petit
ion. But the attorney general states
aht he is convinced there is at least
me other course, and probably more
han one, by which the members of {,
he old board could have their claims \
passed on and by which
hey would be just as likely to at
ain their object as if quo warranto !
rocaadinoc uePa inctitutad
Now, that it is assured that Mr.
IcCarn will refuse to sign the petit Z
ion, an interesting question, but one u
n which Messrs Bradford, Vertress II
nd Puryear decline to throw any n
ght, is, what course these attorneys tC
ill pursue in the premises. They c'
eceived Mr. McCarn's final an
wer to their request this morning, 7
nd while they have not intimated 4
robable that they will institute in
motion proceedings in the chancery
)urt either today or tomorrow
hould they decide to do this II will q,
1t be necessary for them to prepare
lother bill, as the petition presented
the attorney general would answer
e purpose. Had the attorney gen
al complied with their request, the
opposed proceedings might have
zen instituted in either the chancery fiv
the circuit court, but under the tn
It is probable that the re
Il will be fled in the chancery court. co
The petition was presented to Mr.. Tia
cCarn on Tuesday afternoon, the sh
having been prepared under tel
e statute providing for testing the Thu
les of officers and determining the SCI
rsons properly authorized to perform ili'
e functions in question. Such a lar
tition may be filed upon direction or
e general assembly, upon direction Br
the governor and the attorney-gep. gel