The Birmingham age-herald., 1912-03-15
SEPARATE BALLOT
 FOR THE DELEGATES
Judge Stiles Decides He Cannot Put Names on the Official
 Ticket


 J. P. Stiles, judge of probate. has de- clared that he will not print the candi-
 dates for delegates to the state convention on the official ballot. which makes it in
 cumbent on Robert N. Bell, chairman of the Jefferson county democratic execu-
 tive committee, to prepare a separate
 ballot for the accommodation of the can
 didates for delegates.
 In anticipation of the ruling of Judge Stiles, Chairman Bell some time ago mo- tifed R. Tyler Goodwin. chairman of the state committee, of the predicament that might be expected in Jefferson county.
 Mir. Goodwin immediately authorized Chairman Bell to prepare the ballot him self in case Judge Stiles considered it other than. his own duty to do so. Chair man Bell will act accordingly. The following statement was made by Judge Stiles and forwarded to party leaders: Ut is provided by section one of the act in question that a primary elec- tion, within the meaning of the act, is an election held by qualified voters who are members of any political party for the purpose of nominating a candidate, or candidates, for public office By the terms public office, the legislature had reference to sta
 tion or position known to and recog- | nzed by the laws of the state. An office has been defined as a 'publi, station or employment conferred by
 the appointment of government. The | term embraces the idea of tenure, du-
 ra tion, emolument, and duties. Ii
 cannot be claimed that the place of
 delegate to political convention is a | IAF. NAr over, the act In question provides for the holding of primary elections for
 the purpose of nominating candidates | for public office, and not for the pur- pose of electing delegates to a political
 convention.
 | q am unable to find anything in
 the act which either directs or author ! izes me to put upon the official bal
 lot the names of chnoldates for elec- | tion to such convention
 l "Section IS of the act in queS- | tion provides that the party holding such primary election may, through l it's executive committee or other gov
 erning authority, prescribe or fix any
 rules or regulations. for the holding of
 such primary election not inconsistent or in conflict with this act etc. | This provision of the law cannot be
 so construed as to authorize the exec | utive committee of the party tc
 change the character of the election
 and to convert what was intended to | be primary for the nomination oi candidates for public office into an
 election of delegates to political con vention.
 l At the same time there is nothing | in the terms of the act which would prohibit the executive committee from making provision for the holding Of
 an election for delegates to such con vention at the same time and place
 as said primary election for the nom- | ination of candidates for public office
 In other words. think it entirely com petent for the executive committee oi | the \ democratic party to make pro-
 vision for the casting of separate i ballot by each voter at such election to express his choice for delegates tc
 such convention, and such ballot may
 be written or printed, and may be ar
 ranged in groups or otherwise as the
 executive committee of the party may provide"