The Green Forest tribune., 1913-07-11
BRUND|DC[- HAYS CONTEST IS < CARRIED TO SUPREME COURT Chancellor Marneau Makes Permanent Injunction to Re- strain Secretary of State From Certifying Demo cratic Nominee--Charges Central Com
 mttee With Unfairness to
 Contestant.

ndVlnS passed upon the question now raised by the supplementary petition, asking an injunction against the sec retary of state, restraining him from certifying out the name of Judge Hays as the Democratic nominee for gov ernor, I am compelled to decide the case as on first impression. In such cases, lways endeavor to render my decision according to abstract pr1nci- pies of right, brushing aside all tech nicalities, and in this case my decsion is rendered without reference to what the effect may be to the Democratic party.
 q hold that the acts Of 1911 con- stituted the State Central Committee a tribunal to try contested election cases and that it gave to candidates In primary elections a right to have de- termined the legality of the returns ac cording to the rules of law prescribed by the act. While I made the order commanding the State Central Com mittee to proceed to hear the contest, expected that members of the com mittee would act in judicial capacity, and, even though they were particans of Judge Hays, would hear the evi- denee, and if the fraud alleged was proved would render a decision in ac- cordance with the evidence.
 T am convinced that the committee did not give Mr Brundidge hearing within the meaning of the law. The act clothed the committee with the authority and power to compel the pro- duction of the ballots and poll books in any county where demanded by the contestant. To say the least, the committee quibbleda nd eyaded this duty They had the power to com mand the services of the sheriff or other officers of the state to demand the delivery of the poll books and bal lots.
 "The pretended hearing given by the committee was a travesty upon jus tice and a denial of the rights of the contestant. They did not obey the mandate of the court in truth or in spirit and I have said to the attorneys representing the contestant that upon request I would cite them for con tempt, and compel respect and obedi- l would be compelled to proceed against men who are my personal friends.
 "The argument has been made that if the contest was carried beyond 20 days before the election it would de- prive the Democratic party of a nomi- nee on the ticket. With this the court is not concerned. It was the duty of the State Central Committee to have called the primary for such date as would have protected the rights of the candidates. The act of 1911 was as much law of the state as the pro- vision of nominations to the secretary Of state 20 days before the date fixed for the election. The Democratic party in this special election could have made the nomination otherwise than by primary, but primary election was called, and it must be controlled by the acts of 1911, and candidates be- fore the primary is entitled to all the rights to contest the nomination of his opponent by fraud, guaranteed by the act, thought it deprived the party of a nominee upon the ticket" Hays Declared Nominee.
 The three days session of the Demo cratci State General Committee came to a dramatic close shortly after noon on Wednesday with the i adoption of resolution presented by Floor Leader Coleman for the Hays forces, branding the fraud charges of Col Brundidge as unwarranted and declaring Judge George w. Hays of Camden the nominee of the party for governor. Within five minutes after this declaration had been made by Chairman Walls in announcing the majority as S61, Chancellor Martin who had issued mandatory decree to compel full and impartial hearing of the Brundidge contest, granted tenn porary injunction to prevent the sec. retary of state from certifying the nomination to the election commis- sioners.
 Attorneys for Brundidge declared they would also file citations for con tempt of court against the nineteen members of the committee who voted ! brought the hearing to a close before