The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1918-05-01
Names of Candidates
For School Supt..aWill
Go on Primary Ticket

there has been considerable inter.
est in the contention that has arisen
relative to whether or not the ap-
pointment by Gov Cats of success
sor to w. l.. Clifton, in the Office of
county superintendent, carried until
the end Of Clifton term, or whether
/ the vacancy should be filed at the
next ensuing general election. The
county executive committee held to
the former opinion, and declined to
allow candidates for county superin-
tendent to qualify to get their names
on the ballots for the June primary.
Below is an opinion from Whitney,
Spencer & Bryant, prepared for their
client, C. A. Parker, who is a candi-
date for the Office named, which re.
cites the law governing the case, and
seems to establish the fact that Cliff
toms successor must be elected at
L
the general election next November,
and that candidates for the Office
should therefore be voted for in the
June primary.
There is also printed telegram
from the Secretary of State confirming
this opinion, and in view Of this let
ter the county executive committee
has agreed to permit candidates for
county superintendent toj qualify.
The two letters follow:
April 10Th, 1918.
Mr.. Chester A. Parker,
Lakeland, Fla.
Dear Sir:-In response to your re-
quest for an opinion upon whether or
not you have the right to become a
candidate for Superintendent Of Pub
lie Instruction of this county in the
coming primary and general election,
and as to whether or not if elected
you will be allowed to serve in such
capacity, which opinion you have
asked us to render you in view of the
, refusal Of Judge Clarence A. Boswell
to allow you to qualify as a candi-
: date, Judge Boswell being the chair
man of the county Democratic com.
mittee, we desire to say:
: 1t is our opinion that this matter
is settled very clearly by our statutes
4 Constitution and supreme court de
! cisions. Section 29S of the Genera
) Statutes says that every Office shall
be deemed vacant upon conviction o
the incumbent thereof for felony. TIL
. former superintendent of public in
u struction was convicted of felony
land the Office of superintendent there
fore became vacant. The Constitution
gives the Governor the right to fl
vacancies in Office by appointment,
S and says further that the term of of
fee of all appointees to fill vacancie
g shall extend only to the election an
g qualification of successor at the en-
l. suing general election. The ensuin
Q election after the vacancy in the gu
. perintendent's Office will be held i
y November Of this year, and the Dem
, ocratic primary to nominate Demo
cratic candidates for that electio
: will be held June 4th of this year.
. The appointment Of Superintendent
= Moore, in our opinion under the Con
stitution could last only unit! tn
general election. The supreme coul
:, in an advisory opinion in the case
the failure of w. A. McRae to lualif
- under the Constitution fully discusse
\ the law in this regard, and that opiI
u ion fully sustains us, we believe,
this opinion.
It is therefore our opinion that til
chairman of the Democratic executiN
~ committee has no legal right to r.
~ fuse to accept your qualification fl
~ and that you have full and con
: plete right to become candidate (,
:, this office, and that If nominated al
90 elected you will have complete rig
to fulfill the duties thereof.
!. 1t is further our opinion that
:. case of a continued refusal on Il
-, part of the chairman of the executi
% committee to accept your qualitlcati'
- fee, that mandamus will lie to comp