The Sentinel=record., 1918-10-30
ORDERS ISSUED TO
 ELECTION BOARDS
Law Plainly Sets Out That if There is Error or Commission on the Ballots the Proceeding May be Brought Be- fore Circuit Judge to Correct ths Same.

B. II Randolph, for prosecuting att toriney and James L. Graham for circuit judge. as independent candf- dates will get their names on tho election tickets printed in Garland and Montgomery counties.
 Circuit Judge Scott Wood last ev- ening issued an order addressed to- Pate IIIite, Robert A, Jones and Charles IT. Goslee, of the Garland election board, and to Jerry Witt, Doc Steward and E. J. Henley Of the Montgomery county board requiring these boards to certify out the names Of the above as independent candidane3 for these offices.
 The action was taken on q petition filed with the court in vacation, which set forth that Randolph and GranaIn had filed the proper petitions with the secretary of state required by law to become candidates, and that their names were not being printed on the ballots in Garland and Montgomery counties, and asking the relief. Judge Wood recognized the facts in con- nection with the affair. and promptly issued the order.
 The relief is given through a sec ton of the election law which gives q candidate relef whose name may have been left off the ballot througn error or omission. The statute is alt old one and one <Aat war brought for ward in the later election laws, and apparently designed to cover just such circumstance as had existed in this district at this time.
 When Secretary of State Tom Ter7 rall was first petitioned to place the independent candidates on the tickets he answered in d letter to Graham in which he stated that his nams would be certified out Later when the time came to certify out tha names, Terrall did not certify out tha names of Graham or Randolph, and sent them telegrams announcing that he would not do SO The teiegram8 were sent at fate hur. but the two candidate brought d proceeding iil the court Of Judge Wade asking that court to mandauus the secretary of state and require him te certify out the names of the independent cand4- dates
 On the mandamus decision Judga Wade stated in court that it was clear ly the duty of the secretary of state to have certified out the independent candidates, but that he would not re- quire him to do so at that time be- cause it was less than IS days be- fore election, and that the law re- quired the secretary of state to make out his certified candidates IS days before election, and that he therefore would not require the secretary of state at that late hour to correct the matter by certifying out the cand.- dates
 Circuit Judge Wood acted under different statute and within few minutes after the statute had been shown to him, stated that he was ready .p make an order on the elec- tion ,oards to have the names printed on the tickets. and within a little while afterwards he had given his signature to the orders, and they we're placed in the proper hands for ser vice. The orders will go to MontgoT- cry county in the same manner ana the names of Graham ard Ratndplpn will be on the regular ballot as inde. pendent candidates for the offioe of prosecuting attorney and Circuit judge.