The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-05-21
'STATE OFFICIALS
PATIFY ELECTION OF
COMMISSIONERS
.oon, OF. DIBRELL AND FOLK
EXERCISE AUTHORITY
OF OFFICE.
WILL SIMPLIFY MATTERS
+. New eng is ousted by The
Courts it Wi Still Be Legally Con-
stituted-opinion by Attorney Gen.
eral Gates.

NASHVILLE, Tenn, May 1S.-Ac-
zinc mon the authority vested in them
Nv the recently enacted election laws,
ualmm w. Goodloe, secretary of
state. Reau E. Folk, state treasurer,
and Frank Dibrell, comptroller, as
hoard of three, Monday nominated and
.Dnoipted S. M. Young, James May
nord and l. B. Taggard as state cleo
,ion commissioners, to constitute a
state hoard of elections as provided
for by the new law.
In taking this action the gentlemen
oboye mentioned have acted strictly
within their rights, and after careful
consideration of the wisdom and adj
disability of such a step. The prob
,sm which confronted them was sub
mitted to the attorney general, Charles
y Gates. Jr., who delivered clear,
copcise opinion, in which he sets forth
that not only is the law providing for
the creation of a state board OF cleo
tons valid and constitutional act OF
the general assembly, but that, in the
event the three commissioners were
not legally elected, the secretary OF
state, the treasurer and comptroller,
acting as a board would be authorized
n gil the vacancies under the law.
Having obtained this opinion from
the attorney general, and being ex-
tremely anxious that all litigation re-
garding the matter be settled as speed
ly as possible, the appointments OF
the commissioners provided for by
the general assembly were immediate
" announced. In making the an
nouncement Messrs. Goodloe, Folk
and Dibrell feel that they are doing
their duty toward the preservation OF
the peace and dignity of the state.
They say that not only do they De-
Neve that the gentlemen appointed are
fitted eminently for the positions to
which they are appointed, but that
they wish to recognize the Will OF the
majority Of the general assembly.
As the matter now stands, 1t would
seem that the guns of the former
election commissioners, now plaintiffs
in the suits which have been brought
against the newly elected board, are
most effectually spiked. II the pres
ent state board of elections shall De
adjudged as legally occupying their
positions, there win, of course, be no
further chance for argument. II, on
the other hand. the election should
be declared invalid, then the appoint
ments will stand, and that seems to
settle that.
In speaking of this matter, state
Treasurer Folk gave out the follow
ing statement for the board making
the appointment:
This action is taken by us In con-
formity with what we believe to De
our duty in the premises, based upon
the opinion given us by the attorney
general of the state. While not as
suming to pass upon the validity Oh
the election of the commissioners by
the legislature which question is now
raised in judicial proceedings, we are
constrained to believe that in con-
test before the court involving these
commissioners and the law under
which they are selected, that all the
questions should be presented Tor oe-
termination, so that controversies as
to laws involving fundamental matters
of government should be adjudicateo
as speedily as possible in one SUIT
rather than that there should be the
possibility of prolonging uncertainty
and agitation by proceedings as &c
our powers under the act, instituted
after the issue raised in the presen'
chaucery bill are decided. we De
heve our action will tend to the peace
aud quietude of the state.
/. We have appointed the same gen
lemen selected by the legislature, fol
the reason that we know them to %
citizens Of the highest character, anC
because, further, we deem 1t fttint
mat we should recognize the mani
rested will Of the majority of the leg
NIature and for the additional obvi
Gus reason that any other appoint
menis would add further TO the com
I0eation Of the situation, and there
,'r' defeat the real purpose controil
"s our action In this matter"