The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1921-11-25
PETITION OF JAMES D. CATHEY
is DENIED AFTER AN HOURS
~ ARGUMENT.
CANVASS RETURNS ON MONDAY
Board by Majority Vote Holds That 1t
Is Without Authority to Go Behind
The Returns AS Certified by Officers
of Election.
(From Tuesdays Daily Herald)

I6e Vi LHc COUNTY ucIHOCIdlIC SASCu-
tive committee, decided it had no pow
err under the law to make a recount"
of the votes cast in last Saturdays run
of votes cast in last Saturdays run off
primary, prayed for in petition present
cd by Jas. d. Cathey, defeated upon the
unofficial returns by a vote ranging
from thirty-three to forty-one.
The committee arrived at this con-
clusion after the matter had been ar
gued for more than an hour by some
of the most able attorneys of the Co,
lumbia bar.
MIR. CatheY's amended petition, pre-
sented by Thomas B. Forgey and
Thomas H. PEBBLES, made no charge
of irregularities in holding the cleo
ton other than the statement that
twelve ballots which had been cast
for the petitioner, Mr.. Cathey, at Mt.
Pleasant had been thrown out because
check mark had been placed oppo-
site his name. In presenting the pc
tition for Mr.. Cathey, Attorney For
gey said in substance: "These ballots
should not have been thrown out for
the supreme court has held that where
the voter clearly indicates his choice
of candidates on the ballot cast, this
is legal vote, and the twelve ballots
cast for Mr.. Cathey at Mt. Pleasant
should not have been thrown out" Mr.
Forgey presented an affidavit from
Mumford Smith, of Mt. Pleasant, to
substantiate the charge that these bal
not which had been cast for Mr.. Cath
ey were not counted for him.
Mr.. Forgey made most convincing
plea for recount of votes. He declar-
ed that the race between Messrs. Jack
son and Cathey for trustee had been
SO close that justice to both of the
candidates demanded that the votes
be counted, showing that mistake
of five or ten votes in three or four
boxes might materially change the re-
suit of the primary.
Mr.. Forgey was followed by W. J.
fowler, representing Robert H. Jack
son, elected for trustee upon the face
of the unofficial returns Mr.. fowler
declared the democratic sub
committee had no right or power to
recount the votes, and that he would
insist that the committee merely can
vass the returns as it had done in the
first primary on Saturday, November
IL. He declared that no candidate had
objected to the method of procedure
at that time and that he could see no
reason why objections should be in
terposed at this time by the defeated
candidate.
Mr.. Forgey stated that the primary
was held under the primary law OF
1901, which gives the governing
body which he declared was the sub
committee, the power to count the
votes cast. He declared that it was
the, duty of the committee, in the inter
est of fair play to all concerned, to
make an actual count of the votes
cast. Mr. Forgey declared that the
committee could recount the votes
cast in few hours and that it would
entail no expense to open the ballot
boxes and count the votes.
Job B. Garner, representing Mr..
Jackson was the next speaker. He
declared Mr.. Cathey had made no OBJ
lection to the procedure of the COM
mittee in the first primary and did not
see that he had any right to come for
ward after he had been defeated and |
demand that the votes be re-counted |
He said Mr.. Cathey had made no &C.
cusation of fraud or irregularity, but |
had claimed that twelve ballots cast
for him at Mt Pleasant had been
thrown out. Mr. Garner then pointed
out that twelve votes taken from Mr..
Jackson's admitted lead of thirty
three votes would still leave him
majority of twenty-one, which would
make him the nominee. He declared
that recount as asked for in Mr..
Cathey's petition would involve an
enormous amount of work and ex-
Dense and that it would not be right
10 put Mr.. Jackson to this additional
expense after he had just passed
through two races for this office, being
winner each time. In conclusion Mr.
farmer declared the democratic sub.
had absolutely no power
o recount the votes, and all that could
Ne required of them was to canvass
he returns, just as they did in the
irst primary.
Thomas H. PEBBLES, representing
dr. Vathey, declared he felt that there
hould be a recount made in the in
crest of party harmony-for the salts
action of all parties concerned, both
he candidates and their friends. He I
a IA Mr. Natbav vrac ", a kinu M nharua .