Americus times-recorder., 1920-03-04
ALL But ONE COUNTY OFFICER REELECTED
Barring School Voters Formally Protested
GOVERNOR ASKED
BY COMMIT ITTEE
TO Give RULING
Certifications of Dupree's
Name Held Up Till
March Is

Governor Dorsey will be asked at
once to rule whether or not the nomi-
nation of E. W. Dupree for county
school superintendent in the Sumter
county primary on Wednesday is
legal or not. This was decided at the
meeting of the County Democratic
Executive committee today, in ses-
sion to consolidate the returns from
the Kgimary, after the result of the
primary as regards this Office hade
been formally protested by Col j. E.
D. Shipp.
Col. Shipp appeared for the law
firm of Shipp and Sheppard, attor-
neys for E. j. McMath, the present
superintendent and defeated candi-
date, and numerous other citizens"
He attacked the constitutionality of
the election law applying to this of
flee, and cited the opinion of the at
torney general as published Monday
of this week in the Times Recorder as
declaring it unconstitutional. AS a
result of the protest, the committee,
after long discussion, decided to hold
open certification of the nomination
to this Office until March 13, when
another meeting will be held, and
instructed Fred B. Arthur, the secre-
tory of the committee, to appeal to
Governor Dorsey for ruling for
their guidance. All the other nomi-
nations were certified
"The committee wants to do ex-
actly the right thing, and for that
reason decided to appeal to the gover-
nor for guidance, the members de-
claring themselves ready to follow
his advice when it is received -
The Protest.
Col. Ships formal protest fol-
lows:
"To the Executive Committee of
Sumter County, Georgia:
Gentlemen:
''In behalf of Mr.. E. j. McMath, /
and number of voters of the city of |
Americas, Georgia, we beg to submit T!
that the vote as pblled on March 3,
1920, in the primary for the Sumter
County, Georgia, School Superinten-
dent election should not be counted, |
because of the fact that some 800 vo-
ters within the city of Americus were
disfranchised by your action, con-
trary to the law, and without any
law to permit it, and that the quail
fed voters living within the city of !
Americus were prevented from vot- |
ing for their County School Superin-
tendent of Education, by the action |
of your committee.
your board made this ruling un-
der a clear misapprehension of the |
law which law has now been deter I
mined by the only party in the state
whose advice you should follow, and |
that is by the Attorney General of
the State of Georgia He has given /
it as his clear unequivocal opinion |
that the law under which these vot-
ers were disfranchised was unconsti- |
tutional, and his opinion ought to
govern. Within a few days the cleo
ton will be held and the voters of the |
city of Americas will surely partici-
pate in this election for County |
School Superintendent of Education
because the Attorney General of the
State of Georgia has declared that |,
they should
"Unjust and Wrong"
''To declare any nominee under the
action of yesterday would be unjust
and work a great wrong to the de-
feated candidate for this Office. In
this free American government when
voters are disfranchised, law and
right ought to be clear and beyond
dispute. We trust that you gentle
men will not consider this vote, for
great wrong would be perpetrated
against Mr.. E. ]. McMath by dis
franchising, contrary of law, the vot-
ers of his home town.
eve ask therefore that no nomina-
tion be declared for this Office, and
let the election be held without any
nominee for this office, for to do 9TH
erwise would work a graf injustice
contrary to law and the advice of the
Attorney General of the State of
Georgia, whose duty it is to con-
strue the law, his opinion having
been unqualiiedly and altogether
against the action made and taken
by you in this election. We therefore
trust that you will not consider it,
and ask that you do this in order to
do justice to all parties. A fraud is
no less fraud because performed
under the forms of law or a mistake
of law.
"SHIPP & SHEPPARD,
Attorneys"
In presenting his protest, Colonel
Shipp, who incidentally is member
of the County Board of Education
and has worked hand in hand with
Superintendent McMath in promoting
rural school consolidation, move
ment very near to his heart, attack
-.