The daily tribune., 1909-03-30
THE DAILY TRIBUNE'S
MkNDAMUS CASE


relation of NJ. b 10y VS., Mamie
Woods, city clerk. The suit was
brought TO obtain writ of manda
mus against that officer requiring
her to publish tl,e list of nomination
of candidates TO bs voted on at the
coming city election in the Daily
Tribune, the only daily newspaper
according to the requirements OF the
law, published in this city.
The decision of the court was
against the plaintiff anu the action
was dismissed.
As lawabding citizens we of
course bow to the Judgment of the
oourt, which controls the case and
must lee obeyed, unless it should be
reversed.
AT the same time The Tribune WAS
at great pains before this suit was
brought to be advised if the law does
not make it obligatory upon the city
clerk to publish the nominations In
a daily paper If daily paper is pub.
lished in the city. Our advice was
that the law does make 1t so obliga-
tory upon that officer and that the
clerk has no discretion or authori ty
to do otherwise. We were also ad-
vised that failure to publish the list
in the daily. might on account OF
Noncompliance with the law, jeo-
pardise the legality of the election.
thus making it question that con.
Germs the people of Florence general
ly.
We then applied to the city clerk
for the list for publication, and were
refused.
This refusal we could no. but re.
gard as an unjust and illegal dis
i
there had been enough of tho class
of papers in which the law first re.
quires these lists to be published,
that is daily papers, without publish. >.
ing in The Tribune. then we should
not have complained. But as there
is no city daily except The Tribune
in which the publication can be
legally made. we deemed It grew
ious wrong to withhold it from this
paper, as we'll rs n wrong to the pub.
lie, as 1t might invalidate the elec-
ton
Under such circumstances we deem
ed 1t duty to bring the action, and
acted accordingly and the Tribune is
perfectly willing to leave the correct
ness of that action to the Florence
public.
The suit we do not consider settled
yet. and The Tribune will not be sat.
isfed until the question is decided by
the highest court in the state, II
such u decision can be obtained.
1t is true we admit, that the
city clerk can legally resort to
weekly papers fer the publication
of these lists OF nominations when
there IL daily paper published IN
the city, then the claim of The Trib-
une in this controversy is unfounled
But that is the whole bone of conton-
tion The Tribune says that tho
law clearly provides that the lists
shall be published In daily paper If
one is published In the city. and that
II 1t as not so published 1t will not
be legal. The city takes a contrary
view. is Tho Tribune right or Is tho
city right That is the question. II
1t should finally be decided by our
court OF last resort that The Tribune
is wrong It will gracefully and wish
out complaint acoeTt the result.
Such deois on will be the law OF the
matter and law for tho general good
Of ali Al ould ALWAYS 10 oboyed.
1t Is an important question and un-
til 1t is finally dooided.Ths Tfibune's
position will DO one of unwaycring
determination to uphold tho right.
Tho Citizen this morning gives
much npAoo TO this case aud In n boy
ish sort Of way attempts to make 1t
appear that there is n question Of co.
onomio administration mixed up In II.