The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1910-06-10
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JUDGE n. A. MORRIS
REPLIES TOCHARGES
Makes Answer to Petition of
Gilmer County Voters Filed
Before judge Bell.


following answer to charges made in
petition filed before Judge Bell in Fultor
superior court by number of citizen
OF Gllmer county:
The Blue Ridge judicial circuit is com
posed of seven counties Tanning. GIL
mer Pickens, Cherokee, Forsyth. Milton
and Cobb. The later four counties
We're several years ago composed Of tive
political parties-Democrats and Popu
lists, In appointing registrars for these
four counties l appointed two Democrats
IN each OF them and one man in each
county who actively affiliated with the
Populist. Except in Cobb county l APP
pointed two former Populsts.
Pickens, Glmer and Fannn counties
are now. and have been for a number OF
years, about equally divided between
the Democratic and Republican parties.
Each of these counties have strong Re
publican organizations. In. appointing
registrars for these counties, In each OF
them l appointed two active Democrats
and one active Republican
In Fannin county, l appointed Hon.
George w. Phillips. Republican, who
represented his district in the last SEN
ate as a Republican.
In Plckens county | appointed MIR. Dave
Cowart who Is one OF the most substan-
tial and strongest Republicans in the
county In Gilmer county | appointed
Mr.. Gordon Cole. a prominent merchant,
Democrat, and Mr.. Jim Goble. promi-
nent merchant and farmer. Democrat,
and Mr.. ]. o. Hipp. n prominent mer-
chant, Republican Mr.. Hipp Is one OF the
st active Republicans In the county
understand that he has never voted any
ming but Republican ticket In his life
and will make affidavit to this effect.
When the registrars OF Gilmer county
met to enter upon the discharge OF their
tuttes, In making up a list of the quail
he'd voters. they complained TO me Chat
Hon. T. II. Taber. ordinary of the coun-
ty, would not deliver to them the orlgi-
nal voters registration oaths, a tax de-
taulter's book and the various tax di-
Eests. They commended that II was nec-
sssary for them to have these documents
IN order to properly discharge their du-
ties; that they could not classify the vo-
ters without the original voters oaths.
WROTE To TABER.
l wrote Mr. Taber courteous letter
calling his attention IN this complaint
nave
these documents. He decnned to do so.
Mandamus proceedings we're then
filed before me to compel him to deliv-
err to them these documents. l issued a
rule nisi for him to show cause before
me on the 10th day OF May why he
should not turn over these documents
TO the registrars. At - hearing he
filed his answer under oath denying that
he had refused to let the registrars have
these documents. This answer made an
issue Of fact which had TO be tried be-
fore jury. Gilmer court was then
in session.
The case was tried before jury and
on the hearing the registrars testified
that they had made the demand and MIR.
Taber refused to let them have the docu-
ments. Mr.. Taber, in his own behalf
testified to the same state of affairs He
stated that he was Willing to let them
examine them in his office in his pres
ence. but would not permit them to take
them out OF the Office or examine them
out OF his presence. J directed YER
diet finding the issues In favor of the
registrars.
On that verdict I entered up judg-
ment requiring Mr.. Taber to turn these
documents over to the registrars every
morning by o'clock beginning May
lS, but providing that they should
not be permitted to take them out OF
the court house or into any other room
In the courthouse except the main court
room. / directed that they be permit
ted there to examine these documents
in private until they ascertained wheth-
er or not they desired to challenge any
voter ana If Sny voters were challenged
that the hearing Of the challenge should
be In public in the main court room
that every afternoon until their work
was completed the registrars should re-
turn these documents to Mr.. Taber not
later than o'clock, so that he could
securely keep them In the vault over
night. I have not heard of any other
county m Georgia where the registrar
cess to documents OF this kind.
GOBER MAKES MOTION.
Judge Gober, as counsel for Mr.. Taber.
made a motion for new trial. lie stat.
ed that he could not get the stenograph.
er's report of the evidence then and the
hearing of the case was set for a later
date. He asked in his motion that
grant a supersedeas in the case, which
declined to grant
The registrars under the law were
compelled to complete their work by the
first day Of June They then only had
10 days left. To have granted super.
sedeas until the supreme court could
hear the case on appeal would have pre-
vented the registrars from having these
documents until after the time fixed by
the law for the completion Of their work
The statement that ! have connived
with the registrars to leave any quail
fed voter off the registration list ~
without any foundation whatever. Tho
petitioners cannot substantiate word
Of this charge by anyone worthy Of be.
lief / do not believe they will under.
take to do 50 at the hearing
AS TO the charge that / was in the
last race political supporter Of Hon
Hoke Smith, that is true. II IS also
true that ! tried to get him to enter
the race again for the coming primary
This is one Of the reasons given IN
the petition why I am disqualified IN
this case and why the petition was pre-
Sented to Hon. George NJ Bell tudgr Of
the Atlanta circuit. Without any renec-
ton on the honesty and integrity Of
Judge Bell. for / believe that be If
not only on honora bic gentleman. but
fair and impartial Judge. ! would like
to ask If Judge Bell was not. I'm tn.
last race stronger more active, en-
ergatic and partisan supporter Of Gov
ernor Brown than I was Of ex-Govel -
nor Smith? He was appointed 10 the
iudgeship by Governor Brown, but be-