The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1913-08-08
NEW ElECIIOhBOARD
. IN DAVIDSON COUNTY
IS STILL IN CONTROL
JUDGE NEIL OF THE SUPREME
COURT DOES NOT DISSOLVE
INJUNCTION.
MERITS ARE NOT PASSED ON
Old Board to Remain In Control Of
Books and Blanks, and the Situa-
ton 10 Even More Complex Should
Supreme Court Reverse Chancellor

In an opinion filed with the SUI
preme court clerk Friday, Chief JUS
tice M. M. Neil, of the supreme court,
denied the witt of supercedeas which
sought to dissolve the injunction OF
Judge A. B. Neal preventing the old
election board of Davidson county
from conducting an election. In his
opinion, however, Justice Neil stated
that his former opinion in which he
dissolved the injunction of judge A.
B. Neil commanding the old board to
turn over the election machinery to
the new board, would stand, and that
should the new board attempt to con-
duct the primary and later be declar-
ed an illegal board that the primary
would be null and void.
There were two injunctions direct
ed against the old board by Judge
Neil, of the criminal court OF David
son. One was mandatory, command
ing the old board to turn over the
election machinery and mantle OF Of
fee to the new board. The other was
! prohibitory and enjoined the old
board from conducting registration
or election. Seeking to dissolve these
| iniunctions, the old election Eoard
filed supercedeas before Chief Justice
Neil of the supreme court. The lat
: ter some weeks ago granted the SUI
: percedeas in regard to the mandato-
ry part Of the Injunction, but reserv-
! ed his opinion as to the prohibitory
: part until later
! Friday the chief justice handed
= down his opinion, which was a very
| strong one. Justice Neil cited nu-
l merous authorities to sustain his con.
;, tention.
Q In speaking of the legality or lille
a gality of an election held by the new
board, Justice Neil says that should
e the new board conduct the primary
/ of September and later the supreme
Y court should declare unconstitutlon
g al the law passed by the present gen
e eral assembly and under which the
new board was created, that all can
didates elected in such a primary
would be illegally elected and thai
another eletcicn would have to b.
conducted, tais time by the old board
! Maj. w. o. Vertrees returned Fri
day from his vacation and stated EN-
phatically that the new county cleo
: ton board, o. which he Is chairman
would conduct the registration AM
the primary Of September H. Whel
asked as to the old board Maj. Vel
trees said What OLD board?" an
indicated very strongly that the boar
N of which he is a member was the onl
sr board with any claim to legality
h Maj. Vertrees stated that arrange
ly ments would be made immediatel
he for holding the primary. In case tn
II old board refuses to turn over tn
n election machinery, ballot boxes, etc
he that brand new material would b
9. purchased.
~ The decision Of Justice Neil Frida
Re will undoubtedly have the effect c
n. putting all candidates for city o.
fees in a hole. The statement {
Justice Neil that should the suprem
q court declare the law under whic
n the new board was created illega
It. that it would render void any electio
lie conducted by such board, will rende
~ the situation very complex indeet
70 and just wha. the result will be
IN problematicals
Is