The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-05-12

Mayor Frank Reilly was yesterday
declared the Democratic nominee for
mayor over A. Greenhut by the mar
row margin Of eight votes as shown
in the original returns.
The city executive committee refused
to consider the protest by Mr.. Green
hut on account of alleged irregulari-
ties in precinct No. 80 and the -eturns
from that precinct were canvassed as
regular, resulting in Mayor Reilly's
nomination.
The committee met in the city hall
at noon with all members present,
Chairman w. Z. Anderson, Jos. V.
Riera, Clement Blount, ]. H. Aiken and
]. N. Broughton.
Chairman Anderson said that the
committee had consulted their attor-
neys regarding the committees duties
in respect to the protested precinct and
the legal opinion was read as fol-
lows:
LEGAL OPINION.
Pensacola, Fla, May 10, 1911.
DR.. w. E. Anderson, Chairman City
Democratic Executive Committee,
City.
Dear sir-You have asked our opin-
lon as to the duty OF your committee
respecting the protest filed before the
inspectors Of election in precinct 80, by
one of the candidates for mayor in the
city election yesterday.
This protest states that Harry Ball,
who acted either as inspector or clerk.
was not a resident of, nor a qualified
voter in that precinct, and objects TO
the inspectors making returns of the
vote for that reason. The inspectors
disregarded this protest and made re-
turns, which you are now asked to
canvass. In our opinion, the validity
of the election, and returns from, that
precinct is not affected by the fact
that Mr.. Ball was not a resident of, or
qualified voter of the precinct. Even II
the law required that he should be so
qualified in order to act as clerk or
Inspector, still having acted and been
recognized as such he was an election
officer de facto, and there being no
suggestion Of any improper conduct
upon his part by which the election
was Influenced in any way, the voters
could not be. legally disfrancised on
account of his disqualification, which,
Of course, would be the result If the re-
turns should not be counted. In our
opinion the vote of that precinct and
returns therefrom, are effectual, not.
withstanding the protest and we think
the precinct inspectors properly disre-
garded the protest. and that your
committee should likewise overrule Il
and canvass the returns.
yours very truly,
BLOUNT, BLOUNT g. CARTER.
FROM A. GREENHUT.
Edw. Forcheimer. representing A.
Greenhut, presented the following:
To the City Democratic Executive
Committee.
The undersigned, A. Greenhut, begs
respectfully to show unto this honora-
BILE body that he and Frank Reilly
were the only candidates for mayor OF
the city of Pensacola in the white
Democratic city primary held on the
9Th day Of May, A. d. 1911; that the
said A. Greenhut was at the time OF
the holding of said primary, and still
| is, in all respects qualified to hold the
said Office Of mayor a the said city OF
Pensacola; that according to the re-
turns OF the inspectors at said elec-
tior the said A. Greenhut received one
thousand and two (1002) votes, and the
said Frank Reilly received one thou
sand and ten (1010) votes; that in pre-
cinct thirty (3O) there ware seventy
two votes cast; that according 10 tEe
returns of the inspectors OF said cleo
ticn, there were nineteen of said votes
cast for A. Greenhut and fifty-three OF
said votes cast for Frank Reilly; that