Judsonia weekly advance., 1913-07-16
SECRETARY OF STATE HODGES HAS ISSUED 4 SUPPLEMENT TARY IDENTIFICATION SHOW ING THAT JUDGE HAYS IS
 THE NOMINEE.
STILL RElTERATES CHARGES
Defeated Candidate Returns Home After Issuing Final Statement De- ctaring He Can Prove Frauds
 if Given Chance.

1 Western Newspaper Union News Service
 Little Rock-Former Congressman 1 Stephen Brundidge lost his contest be- i fore the Supreme Court. The court held that courts of equity have no l jurisdiction over cases involving po- | litical frauds and that frauds were not l shown to have been committed in the l Democratic primary election. The in 1 junction against Secretary of State 1 Hodges was dissolved.
 4 few hours after this opinion was 1 banded down by the Supreme Court, 1 Secretary of State Earle W. Hodges l issued supplementary certification 1 letter to the various county Boards of l Election Commissioners in Arkansas, l iEstructing them to place the name l O Judge Hays on the official ballot as the gubernatorial nominee of the l Democratic party.
 MT. Brundidge has returned to his home in Searcy. Before leaving Lit l tive Rock ne issued a statemet to the l effect that he had withdrawn from the race and that the election had been
 stolen from him. He said he could
 substantiate these charges before the
 State Central Committee or any tribun-
 al tha, would listen to them.
 MemDys of the State Central Com .mittee I.ia other supporters of Judge
 Hays VI ere jubilant after the Supreme
 Court Handed down it's opinion. There
 was no cessation of work at the com 1 mittee's headquarters.
 The supreme Court chamber in the l new state capitol was filled with at
 torneys and state officials when the
 court met to hand down the awaited
 opinion
 As soon as the court opened Asso-
 ciate Justice William F. Kirby an-
 nounced the decision of the court.
 The opinion of the court is a lengthy
 enc. It states in brief that the Dem
 ocratic party is an unincorporated
 body, and it has rules of it's own for
 the settlement of any dispute that
 might arise in the organization. The i decision states that if any court has
 jurisdiction it is one of common law,
 and not of equity.
 In the dicision the court holds that
 if the contestee is not satisfied with
 the decision of the Democratic State Central Committee he has the right of appeal to the whole committee. but
 in this case the time was too short
 for such an appeal 10 be taken or
 heard.
 The court calls attention 10 the con-
 stitutional rights of the General As
 sembly to govern the primaries in the l different parties, and nowhere is there l anything which will permit the courts
 to take Jurisdiction away from the
 party.
 Chief Justice McCullock did not
 agree with the opinion of the majority. Justice McCulloch will later render l his opinion, which dissents as to the jurisdiction of chancery courts in elec- 1 ton matters. He holds that in cases
 where sufficient proof of fraud is shown, that the court has jurisdiction. 1 In certifying out the name of Judge 1 Hays as the nominee of the Demo cratic party, I did so under the pro- 1 visions of Section 2780 of Kirby's Di- gest," Secretary Hodges said after the decision. T feel confident that every | county election board will place the | name of Judge Hays on the ticket" The case grew out of a contest filed 1 with the State Democratic Cenerta, 1 Committee by Stephen Brundidge, whom the returns showed to be defeat ed for governor by Geo. w. Hays. Pe applied to the Chancery Court, and a restraining order was issued to pre- vent the committee certifying out the name of Hays without first fully hear ing the Brundidge protest. The com mittee sat three days, and declared Hays the nominee. Brundidge then ap- piled for an injunction, preventing Sec retary of State Earle w. Hodges from | certifying out to the county election | commissioners George w. Hays, the nominee. After hearing this case for two days Chancellor Martineau issued i the injunction and made it permanent | It was this decision that was re. | yersed and dismissed by tbe Supreme | Court.