The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1913-07-02
Atty Gen. Garnett Gives
Out Statement
ON OPINION OF THE COURT
OF Appeals Which Gears Up
An Apparent misun.
derstanding.
THE MATTER is MADE PLAIN


Frankfort, Ky, June 28.-Real-
izing from the questions received
by him from all parts of the State
that there is considerable misun-
derstanding over the opinion of the
Court of Appeals regarding the
State primary law, Attorney Gener-
al Garnett has issued the following
statement specifying the directions
of the court:
The impression seems to be
\abroad that the Court of Appeals,
"a the opinion handed down last
FRIDAY, refused to pass upon the
primary election law. because Sec
ton 81 of the primary election law
provides that there shall be no APP
peal from an order of the Circuit
or County Judges, correcting any
error, wrong or neglect with refer
ence to placing the hame of the
candidates upon the primary ballot.
There were two cases appealed
from the Johnson Circuit Court.
which were consolidated and heard
together by the Court of Appeals,
And four cases appealed from the
Jefferson Circuit Court. which were
consolidated and heard together by
the Court of Appeals.
'In all of these cases similar
questions were involved. In one of
the cases which was appealed from
the johnson Circuit Court, E. w.
Robinson had offered to file his Pc
tition with the County Clerk, re-
questing that his name be placed
upon the ballot as Republican
candidate for assessor. The petit
ton failed to state with what party
Mr.. Robinson affiliated at the last
regular election, and for this rea-
/son the clerk refused to file the PEE
tition.
'Mr. Robinson filed suit in the
Circuit Court asking that manda-
mus be awarded. requiring the
clerk to place his name on the Re-
publican ballot
"At the same time Mr. Robinson
filed his suit three of the voters
who had signed his petition, for
and ON behalf of all the signers of
the petition, instituted suit in the
Circuit Court asking that a manda-
mus be issued against the clerk re-
During the clerk to place the name
of Mr.. Robinson on the Republican
ballot.
-''The Circuit Court, in each case,
awarded the, mandamus requiring
the clerk to place the name OF Rob
inson upon the ballot. The clerk
appealed in both cases to the Court
Of Appeals and the Court of APP
peals dismissed the appeal in the
case Instituted by the candidate.
because Section 81 o. the primary
election law provides that there
shall be no appeal. But in the case
Instituted by the voters. wherein
the same questions We're involved
IN the case instituted by Mr.. Rob-
inson. the Court. Of Appeals had
jurisdiction because their personal
rights were INVOLVED. and this ac-
ton was instituted under the pro-
visions of Section Ala of the civil
code. In this case. the Court of
Appeals held that the primary cleo
ton law was not unconstitutional.
,spd that the regulations contained
therein were not unreasonable.
''The opinion of the Court of APP
peals in one OF the cases is. In part.
as follows:
'First--The candidate, at the
time he files his petition to become
candidate, must be qualified
elector.
'Second-The candidate, at the
time be files his petition, must be a
+ member of political party.
.Third-He must have hereto
.fore AFFILIATED with that party of
Which he Is a member at the time
. Of fling his petition.
"'Fourth--He must have sup
portod the nominees OF that party
at the last regular election.
" 'Fifth--The qualified elector
who seeks the nomination of any
party must b qualified elector of
that party and no other.
Z Anyone who measures up to