The Forrest City times., 1913-07-11
RRUND|DCE- HAYS CONTFST|S CARRIED T0SUPREME COURT. Chancellor Martnseu Makes Permanent Injunction to R.. strain Secretary of State From, Certifying Demo- cratic Nominee--Charges Central Com
 mttee With Unfairnes. to
 Contestant.

e P"'Sod upoH the question now
 raised by the supplementary petition asking an injunction against ,he acc.
 fetary of state, restraining him from
 certifying out the name O. Judge Hays
 ss the Democratic nominee for gov. ernor, ! am compelled to decid~. the
 case ss on first impression. Tn such
 cases, lways endeavor to render my decision according to abstract Drincl. pies Of right. brushing aside all tech. hlcalities, and in this case mY decsion
 IS rendered without reference to what
 the effect may be to the Democratic party.
 'l hold that lhs acts or isil con. ! sututed the state Central CommjItea
 @ tribunal to try contested election ! cases and that it gave to candidates in primary elections a right to haze de. ! tefmined the legality of the returns ac-
 cordins 10 the rules of law prescribed i by the act. While I made the order comma nding the State Central Com.
 mittee to proceed 10 hear the contest, l expected that members of the com | mittee would act in judicial capacity
 and. even though they were particans of Judge Hays. would hear the ayl.
 dence, and if the fraud alleged a
 proved would render 8 decision "a ac-
 eordance with the evidence
 | am convinced that the committee
 did not give Mir Brundidge a hearing
 within the ,neaning Of the lav. The
 act clothed the committee with the
 authorityaad peer to compel the pro
 auction ot the ballots 2ad poll book rs1.,lus count. ~ here Jemanded by the contestant. TO sH the least the committee quibbleda nd e,aded this duty They lad the powerpto com mana the ,er|Ices of the sheriff Or other officers of the state to demand
 he doirery of the poll books anu bal
 lot -"The pretended hearing given by the ! committee was travesty upon jus tice and denial of the rights of the5 contestant. They did not obey the7 mandate of the court in truth or in spirit and I nave said to the attorneys representing the contestant that upon request 1 would cite them for con tempt. and compel respect and obedi- ence to the orders of the court, though ! would be compelled 10 proceed , against men who are my personal l friends
 The argument has been made that 1 # the contest was carried beyond 20 i days before the election it would de l. prive the Democratic party of nom- nee on the ticket With this the court Is not concerned It was the duty of ! the State Central Committee to have 1 called the primary for such date as would have protected the rights of | as much law of the state as the pro | vision of nominations to the secretary |. of state 20 days before the date fixed 1. 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 i the acts.of 1911, and candidates be | fsre the primary is entitled to all the | rights 10 contest the nomination of his opponent. by fraud, guaranteed by the act. thought 1t deprived the party of a nominee upon the ticket"
 Hays Declared Nominee.
 yhe three days session of the Demo 1 cratci .. State General Committee came o dramatic close shortly after noon on Wednesday with the adoption of a 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 Chairman Walls in announcing tho : majority as S6l Chancellor Martin eau of the Pulaski Chanc!ry Court, who had issued mandatory decree to compel full and impartial hearing of the Brundidge contest, granted a tenn porary injunction to prevent tt< sec retary of state from certifying the nomination to the election commits sioners.
 Attorneys for Brundldge declared they would also file citations for con tempt of court against the nineteen members of the committee who voted for the Coleman resolution which brought the hearing to a close before