The Springdale news., 1913-07-18
MARTINEAU REVERSED
eu2reme Coait Holds Chancellor
 Had No Jurisdiction.

Little Rock. Ak, July l1-The Arkansas Supreme Court today handed down an opinion in the Dem oerattc gHbeenatoriaI contest ease, holding that Chancellor Martineau did not have the power to enjoln the secretary of state from certify ing the action of the Democratic state committee in declaring Judge Georgee W Hays the Democratic gu- barnatorial nominee The court held that the ehaneery court did not have jurisdiction n political party matters Chief Justice E. A Me Culoeh dIssented holding that the ehaneery eourt did have jurisdiction
 Shortly after the opinion of the court was handed down by Justices Wood and Kirby the name of George " Hays was certified out as the Democratic gubesnatorial nominee by Secretary of State Hodges
 The opinion. which ts quite leng- thy. states that tie D mocratic par ty is uniHeorporated as body and that il has rules of it's own for he settlement of any dispute that might arise iu the organtzat5on. The decision states that if any court has jurisdiction it is ole of common law and not of equity
 The court calls attention to the constitutional rights of the General Assemly to govern the primaries in the different parties and nowhere IS there anything which will permit the #courts to take jurisdiction away from the party.
 The case grew out of a contest filed with the State Democs atic Cen traI Committee by stephen Brun- #didge, whom the returns showed to be defeated for governor by George W Hays He applied to the chan Eeery court. and a restraining order was issued preventing the commit ice from certifying out the name of Hays without first fully hearing the Brundidge prot est The commit tee sat three days and aee.ar l Hays the nominee Brundtdge then ap- piled for an injunction preventing Secretary of State Earl w Hodges from certifying out to the county 2 eetion com missioners George N Hays the nominee After hearing th.s ease for two days. Chancellor Mactineau issued tie injunction and III ada 1t peHmane Tt.
 It was this de tszon that was re versed and dismis al by the supreme court
 GoaeIuding.. opinion sass
 It would be dangerous 10 the freedom of elections the liberty of voters and the dignity and respect which should be entertained for judicial tribunals for the court 10 undertake in any case to investigate either the government, usages or doctrines Of political parties, and to exclude from the offieia! ballot the names Of candidates placed n nom nation by an organization. says the court. quoting from the Nebras- ka Supremee Court n the case of Phelps vs Piper
 The Democratic Central Commit tee had the power under the rules and regulations of the party and of the statute. and t was its duty to hear and determine the contest, decide the result of the candidate receiving he lareest number Of votes ia tae primary election a cording - the returns threeof and to certify same 10 inc secretary of state. to De by him certified as the eana.aate q t#e Demo =ratie party to the various county election com- missioner. eardjng b law
 pA8s i a14m ms ta haze doHa, and tha put 1f equity was without inriz dietfaa ID fssEe aa aiunrtiou to compel 1T to Lear tle contest h the first Instance. aui had 10 power or jurisdiction to review the findings and declare tae result of the elee- ton iR earda4oa with The caaneei- zlor.s=eieWs 9s the right thereto and set asi3e taa Ind and juds- mant of fhe Demo rattc party by aajoiune 5be secretary os state from certifying The name of he nominee furnished hIm By the said commit lee Having assumed 70 exercise sueh authority Nithou right. his judgement aad deeeee- ale void and Of 10 effect
 Card of Thanks.