Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-05-13

to hear and decide contests without
| violating the order of Judge 3. f.
Walker. of Warrenton, who issued the
injunction. They were persuaded TO
this view by Colonel H. H. Dean, of
| Gainesville, who argued that the in
| junction merely prevented them from
| making any rule which would con-
| troll the convention" whereas they
| did not propose to make any rule but
simply to apply the rules previously
made by the state executive commit
| tee.
On the second question, although
| they took no vote on a clear-cut ques-
ton as to the extent of their author
ity, it was plain that they considered
themselves authorized to hear and de-
eide contests. They based their stand
upon {. section OF the state commit
| tees rules for the presidential pri-
| mary which provides that the sub
committee shall consolidate the re-
turns and declare the result. They
argued that it was necessary to hear
and decide the contests, if any. be-
| fore they could declare the result.
When they made plain their attitude
| on this point the contests of Senator
Smith and Thomas E. Watson were
| withdrawn from their considera ton,
with notice that the same would be
taken to the convention.
Court Hearing May IA
senator Snllln arrived III AIldlId
Monday afternoon. from Washington
and will stay here until after the
convention to be held May Is. He will
confer at once with his friends and
decide on a course of action to be
followed in the convention. He is
expected to issue a statement in the
next day or two. 1t is understood he
will oppose Rule 10 as being beyond
the authority of the state committee,
since it attempts to control the &C
| TO-, ,i,1Nr Nv Of
the delegates composing the conven-
ton. Under this rule the Palmer
leaders claim the right to send Pal
mer delegates to San Francisco. He
has a plurality of the state conven-
ton delegates but not a majority.
Under the terms of Judge Wal
ker's injunction issued Monday on
petition of Mr.. Watson, the sub-com-
mittee are required to show cause be
fore him in Warrenton on May II
why the injunction should not be
made permanent. Now that the Sub
committee have voted to proceed with
the hearing and decision of contests,
and have declared Mr.. Palmer the
winner Of the primary, it is consider
ed likely that Mr.. Watson will ask
that they be held in contempt The
entire subcommittee are summoned
Friday, the date for the hearing.
which lasted three hours, the sub
committee ADOPTED a motion by Col
oneI Dean directing the chairman,
Judge Flynt, to summon meeting OF
the full state executive committee
to be held in Atlanta on the morn
ing of May II. Judge Flynt asked
the colonel to state the purpose of
the meeting. ITO consider any mat
ters that may come up" he replied.
some of the political speculation was
iol,f hn TO of oOt
to call off the state convention and
have the executive committee elect
Palmer delegates and send them to
San Francisco with credentials issued
by the committee.
What Petition Alleges
The petition was presented to
Judge Walker by B. j. Stephens, at
pal Rotations, together with the
order of the court, are as follows:
'HThat j. C. Evans is member of
the Democratic executive commit
tee of the state of Georgia, and is a
resident of Warren county, and petit
toner brings this, his petition,
against said j. c. Evans and against
all other members of the state Dem
ocratic executive committee, and the
petition shows that, on faith of the
equity, he in good faith became. a
candidate in the recent presidential
preferential primary, held April ~
1920, and that he qualified himself
mittee by filing with said commit
tee the requisite number of names
and by depositing in the Atlanta
National bank the sum of $4,000 to
committee, and in addition to this
sum deposited with the secretary of
the said committee $500.
Petitioner further shows that
WITHOUT the deposit OFF, Of this m9ney
to make similar deposits, said pri-
mary could not have been held, for
the, reason that the committee had
no funds with which to hold it: CON
financial interest in the result. as
well as a civil interest as a citizen
and as a candidate.
petitioner further sets out by
stated in the daily press, in articles
signed by members of said commit
tee, that they do not intend to abide
by the law of the land, nor be guided
by principles Of equity, but thelr
Tuesday, May II, to usurp the func-
lions of the Democratic state con-
vention, which has been called to
meet by said committee on May 49,,
Petitioner further says said
of passing on all contested counties;
SO the convention on the 18th will
have no real functions to perform.
Further. that the state Democratic
now known as Rule No. TO- which
seeks to deprive the sovereign con-,
vention of the people of Georgia OF
it's constitutional and historic
ing the general principles Of Demo
cratic and Republican institutions
to wit: that majority OF
legally qualified voters. should gov
ern, but it seeks to establish usurpa-
tory domination of an autocratic mi
nority.
Rule Ten
petitioner alleges that Rule 10
violates the very terms of the coun-,
ty unit law of 1917 in that the COM
mittee is seeking to apply that law
to the highest office in the land, al
county unit plurality shall not apply
to elections in offices SO high as
that of governor nor as high as that
of senator. By every known rule of
construction the said executive COM
mittee did an unlawful thing when
it declared that the said county unit
plurality should apply to the SUI
preme office of president
Petitioner presents to the court
the legal view that the state com
m1ttee should nave oeer 3uIdeu nJ
the constitution of the United States
which declares that a president shall
be elected by majority and not by
minority. He submits further
that it would be possible under krlle
10 for designing politicians who hate
our system of government to elect
themselves by minority vote IN
| each state; that, under Hule 10, as
laid down by the committee, one
third of the registered voters could
establish a preferential rule in our
| republic. thus absolutely revolution