Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-08-10
Authorities Differ on QueS-
ton as to Whether Judge
Salmon Is Entitled to Rep
resentative Padgett's Seat
Atlanta Journal News Bureau,
4o8 Evans Building. g.
BY THEODORE TILLER

WASHINGTON, Aug. S.-The I'm.
precedented action of the electorate
| Of a congressional district in Ten
nessee in nominating a dead man
| for congress has raised an issue that
may come to the supreme court or
congress itself for determination.
The status Of the minority candidate,
! who is yet alive, and his alleged
right to the nomination-which in
that district would be equivalent to
election-are involved.
Senator Joseph T. Robinson, Of
Arkansas, who has dug back into
past records regarding the rights of
a minority candidate, has found that
in no instance heretofore has it been
| held that a minority candidate was
elected to public office. However, the
Tennessee case is different from all
others in that the voters of the
Seventh congressional district voted
| for a man they knew to be dead
at the time of the balloting. In con-
tests between majority and minority
candidates heretofore-such as in
the Newberry-Ford contest in Michi-
gan-death has not been involved.
Representative Lemuel Padgett, of
Tennessee, died in Washington the
day before the Tennessee primaries
on Thursday. He had represented
the Seventh district for twenty two
years and was apparently unafraid
of the opposition of Judge w. G. Sal
mon for the Democratic nomination.
The fact that Mr.. Padgett was re-
nominated, although dead, justif1es
the assumption that he would have
won even more handily had he
lived.
"Vote for Padgett'
Nevertheless, the news of the
Padgett death quickly spread over
his district, and the Padgett forces,
not wishing to have Judge Salmon
| benefit through the death of his ri.
val, sent the word down the line
to "vote for Padgett, anyway"
The primary election was held
while the body Of Representative
Padgett was en- route home for bur.
ial and for the twelfth time Padgett
| carried the district. Now the sup
porters Of Judge Salmon contend
that a dead man cannot be
nominated for congress, that Judge
Salmon, the surviving candidate,
was the only man in the race and
therefore was nominated by the bal
| lots cast for him. 1t is on this point
that a unique controversy no doub.
must be fought out.
1t is said here the object of the
Padgett forces in keeping his name
| on the ballot after his death was for
the very end against which Judge
Salmon complains. They did not
want Salmon nominated and pre-.
ferred. by the nomination of Pad,
gett, to throw the whole matter OF
Padgett's successor up to the execIl
tive committee of the district. That
executive committee, it is said, is
unfriendly to Judge Salmon and viii
not designate him as the Democratic
candidate.
Legal Aspects
Regardless of the claims of Judge
Salmon and the peculiar hand death
has played in the Tennessee tangle,
Senator Robinson said here today
that after going over the statutes
| he could find nothing in support OF
| the Salmon theory.
"As to the legal effect OF the pri
mary election in Tennessee, where.
in Mr.. Padgett, who died the day
before the primary, received the
| highest number of votes, I am of
the opinion that no other candidate
can be held to have obtained the
| right to a certificate of nomination, ~
said Senator Robinson.
Cooley ON constitutional limita.
tons lays down the doctrine that a
minority candidate can not, under
any circumstances, be held to be
elected to a public Office.
This seems to be a we'll estab.
| lished American doctrine. The Amer
lean rule is not only sustained by
Cooley and the Michigan case (Craw
ford VS.. Noliter, % Michigan, 340).
but is supported by court decisions
in Missouri, Kansas, Pennsylvania
and California. A number oe cases
| decided by the supreme court of
! Michigan are to the same effect.
I'm Howes VS.. Perry, 90 Kentucky
$780, it is expressly decided that where
the candidate who received the ma
jority Of the votes cast at an cleo.
ton died before the conclusion of
the election, the surviving candidate
who did not receive a majority is
not entitled to a certificate of elec-
ton. No reason suggests itself why
the same rule should not be applied
in party primaries.
This whole subject is discussed in