The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1914-07-18

One of the first cases in court toi
arise under the Bryan primary law
enacted by the last session of the
Florida legislature, was up before
Judge Wolfe on yesterday in a man
danus proceeding from Santa Rosa;
county. which was instituted by w
NJ. Davidson against the county can
VaSsing board of Santa Rosa countv
composed OF the county Judge. the
chairman OF the board of county COM
missioners. and the supervisor OF reg
1stration OF that county, to compel the
board to meet and re-canvass tbs
returns from the last primary and
count certain votes which the board
mad previously refused to count
There were five candidates for the
legislature in Santa Rosa county at
the late primary. They were w. A.
Mcleod, L. j. Fem, w. NJ. Davidson
j. A Bryant and j. NJ. Mobiles None
OF the candidates received a majority
of the first choice votes cast for mem
bers OF the Legislature The board OF
canVassers eliminated Mr.. Mobiles
from the count, and the second choice
votes of persons who voted Tor Mr..
Mobiles first choice were added to the
other four candidates as they were
cast. In several precincts, however,
there was nothing on the face of the
returns to show for whom the first
choice votes of certain of the second
choice voters were cast. The board
could s-~t -tr4t ~ ss=t her the N~tefa had
voted first and second choice for the
same candidate, or whether the first
choice votes were cast for one of the
candidates not eliminated and the sec
ond choice votes cast for another cam
didate not eliminated Under these
circumstances the board rejected both
the first choice and second choice
votes in such precincts
Having refused to count the first
and the second choice votes in such
precincts. the board proceeded to de-
clare that Mr.. Mcleod and Mr.. Fem
were the duly and legally nominated
candidates for the legislature from
Santa Rosa county
DAviosoN's CONTENTION.
Mr.. Davidson, however, contended
that If the first choice votes were
although the second choice votes be
properly eliminated by the board, that
he had received a larger number of
votes than Mr.. Fem had received.
and that he should have been declared
the nominee instead OF Mr.. Fem.
The board Of canvassers having re-
fused to count the first choice votes
in the precincts mentioned, and having
declared Mr.. Fem the nomniea, Mr..
Davidson, through his attorneys,
brought a mandamus proceeding be-
fore Circuit Judge Wolfe to have him
convene and recanvass the votes and
count the first choice votes In the pre-
cincts mentioned and declare the re-
suit of such re-canvass in accordance
with the votes as they might be
found.
Judge Wolfe heard the arguments
Of the attorneys for both sides and
decided that Mr.. Davidson was right
and accordingly ordered the Canvass
ing board to reconvene and recanvasa
the votes and to count the first chobce
votes in the precincts mentioned
The effect Of Judge Wolfe's decision
in this important case is that although;
the second choice votes should not b~,
because of uncertainty or In
sufficiency in the returns of the cAer1rR
and inspectors of election, that there
Is no reason why the first choice votes,
should not be counted. If the first
choice votes are regularly returned
hey should be couuted, although 1Orf
good reasons the second choice voices!
n the same precincts should not bsa
Clark Sc Magaha, Of Milton, and John
?. Stokes, of this city, and Mr.. Fenn
md the board OF canvassers were rep
'esented by II. S. Laird and McGeachy
e Lewis, of Milton and BIount &s
3lount & Carter, Of this city.
The canvass will be made next
Thursday.