Americus times-recorder., 1920-03-15
DUPREE GIVEN
NOMINATION BY
DORSEY RULING
Committee Declares
Him Winner Before
Hearing

b. w. Dupree, the winning candi-
date for the nomination for county
superintendent of schools in the re-
cent county primary, was declared
the nominee by the county executive
committee, in session Saturday, over
the protest filed by the friends OF
Supt. E. J. McMath, the incumbent,
who was defeated for reelection by
the returns. The action of the COM
mittee in overruling the protest was
taken shortly before noon when the
committee met and no word had been
received from Governor Dorsey, to
whom the question of law in The case
gram of q day Or two previous that
he was at work on the proposition:
Saturday afternoon a telegram OF
considerable length was received by
Secretary Fred B. Arthur, of the
county committee, from Governor
Dorsey, declaring in his opinion that
the committee did right in barring
the citizens of Americus from vot-
ing for superintendent in the primary
and in effect sustaining the action OF
the committee of a few hours be-
fore.
Whether the matter is now closed
remains to be seen. 1t was stated
Monday by Col. ]. E. D. Shipp, at
torney for the protesting parties, that
no decision had been reached as to
whether any effort would be made
to upset the result of the primary in
regard to this Office. 1t was his con-
tention IN filing the protest that the
disfranchising of the people OF Am
ri :us from voting for this office was
illegal and unconstitutional, and that
there was at one time hint that the
case might be contested in the courts
should the protest fail. However,
his appears by no means certain
Monday.
Governors Ruling
The following is the text of Gov
ernor Dorsey's message on the sub
ject.
"Fred B. Arthur, Secretary Sum-
4er County Democratic Executive
Committee; If there is IN Sumter
county one or more Independent
school systems not under the super
vision of the county school superln-
tendent, the voters of such indepen-
dent system or systems shall not vote
in the election for county superin-
tendent. This is the language of the
statute recently adopted by the gen
era@ assembly. In an election this
law must govern unless it IS uncon-
stitutional. To what clause of the
constitution is this repugnant so far
as l am able to see it is repugnant
to meme unless it be article IL, section
s paragraph $500, which reads:
"The county officers shall be elect
ed by the qualified voters of their re-
spective countless" etc.
"Then the question arises, IS the
county school superintendent a coun-
ty officer? He is not, as | under
stand it, a constitutional county Off
Ger within the meaning of that sec
ton of the constitution because the
Office was not elective by the people
at the time of the adoption of the
constitution of 1877. He may be Sc
lected in any manner that the legis-
lature may designate and by only
voters outside independent systems
if the legislature so prescribes. II
by any reasonable Interpretation an
act of the general assembly can be
upheld it is the duty of the courts
to sustain it. (Massenburg VS.. Com
missioners, 96th Georgia, page 621.)
"But this is primary and not an
election, therefore the law would not
necessarily control as primaries are
held under rules and regulations pre-
scribed by the officials of the party
holding the primary. 1t seems
though, that it would be wise for the
primaries to be held in conformity
with the law under which the elections
will be held, and think the Demo
cratic committee acted within its
province. l express no opinion as to
the wisdom of the law.
~ am by no means sure that my
conclusion is correct. 1t is a very
doubtful question. 1 should not like
to rely on it myself, but inasmuch as
it has been submitted to me am CIV
ing my opinion for what ever it is
worth.
"HUGH M DORSEY"