The daily times. [volume] (Wilson, N.C.) 1902-1936, 1918-09-12
COURT NO
JURISDICTION
In the Abernethy Case De-
clares the Supreme Court
Cant Go
BEHIND ELECTION BOARDS

--
Raleigh, N. c., Sept .12.-Charles
l.. Abernathy's noisy appeal to the
courts in the effort to snatch the
Democratic nomination for Congress
in the Third District from Hon. w.
7. Dortch, the party nominee, re-
ceived decided set back yesterday
when in the case Of ]. w. Brown V.
County Board of Elections in Gates
cuurty the Superior Court reaffirm-
I'd it's position that while courts
may interpose for the purpose OF
enforcing plainly ministerial duties
or to protect clearly defined legal
rights, it may not, without express
legislative provision, resort to gen.
cyal equitable principles involving
an interference with recognized po-
liljcal rights and methods by which
candidates of the different political
parties are chosen"
This was one 5f the twenty-one
| p;nions handed down by the court
on the first day Of fling opinions in
the fall term. The case came up
from Gates county and the action
was to set aside the results Of the
rgalized primary for Gates county
and restrain the defendants, the
County Board of Elections from tab
uL.ting and publishing the results
OF the same, in SO far as it affects
the :election of the Democratic NOM
| jnee for sheriff. The plaintiff, one
G. the contestants for the nomina-
tion, claimed that on the returns as
certified by the poll holders, his op-
ronent, C. M. Lawrence was select
ell as the nominee and that this re-
suit was brought about by the
wrongful refusal of the registrars
and judges at several of the voting
precincts to receive the votes of
good number of qualified voters and
whose purpose it was to vote for the
plaintiff as the Democratic nominee
On the hearing of the case, there
was a judgment dissolving the re-
straining order and the plaintiff ap-
! pealed.
y Associate Justice w. A. Hoke
: wrote the opinion for the court
| which, after reviewing the salient
, features of the primary law defining
political parties and qualified voters
J and giving to the registrars and
: judges of elections the duty of de-
termining whether or not an elec.
tor whose right to vote may be chal-
/ lenged is qualified voter, states
: that the relief cannot be awarded in
: this case even if the contemplated
e investigation were permissible, be-
t cause the allegations of the fact are
n not sufficiently sustained.
i Plainly according to legal inter
n probation, the opinion in the Gates
+ county case gives Mr.. Abernathy ne
d standing in court in his action which
t. with its ramifications, is still pend
& ing. Making claims similar to thos
% of the Gates county plaintiff and us
,r ing the same strategy, Mr.. Aberna
le thy sought to override the election
~ authorities. His action to enjoil
,e the State Board of Elections fr0r
c. declaring Mr.. Dortch the nomine
Of and from printing his name on tn
of Democratic ballot. failed when tn
temporary restraining order wa
he dissolved by Judge Thomas II. Ca
nd vert. Thereupon MIR. Aftermath
IN made much capital out OF his allet
lr- ed inability to get his case befor
on the courts before the election.
all now appears, according to the higl
i'd. est court in the state, that Mr.. Abe
cir nathy has no case to get into tn
III courts. He is confronted with tn
RS edict that the election officials. rel
ho ularly constituted are the final a
his biters in case of nomination. The'
gh officials have already passed upo
Mr.. Abernathy's contentious and
SITS their decision, declared Hon. w.
Dortch the regular nominee of Il
Democratic party for Congress
,rd the Third District