Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-10-28
INDEPENDENTS ARE
RULED OFF OFFICIAL
DEMOCRATIC TICKET

The names of independent candi-
dates in the November general cleo
ton will not appear on the official
Democratic ballot now being printed.
This was learned Thursday, when
Governor Hardwick made public an
opinion handed down by Attorney
General George M. Napier to the
effect that no independent candidate
has right to have his name on the
official ballot. Only the names OF
candidates nominated in the Demo
cratic primary will be on the official
ballot.
Under this ruling the name Of w.
H. H. Phelps, of Atlanta, independ-
ent candidate for state pension COM
missioner, opposing c.. e. McGregor,
the Democratic, will not appear on
the official ballot. Neither will the
name Of Max Wilensky, independent
candidate for congress from the
Fifth congressional district. Mr..
Wilenszy, it was learned Thursday,
is having his own ballots printed.
Republicans Plan Ticket
It is also understood that the Re-
publican forces in the state plan to
get out an official Republican bal
lot containing the names Of such
candidates as they desire to place
in opposition to the Democrats.
These Republican ballots are now
being printed, it is understood.
Governor Hardwick's action in
leaving Mr.. Phelps name off the
official ballot, was based upon Attor'
ney General Napier's reply to the
following letter addressed to him by
the governor:
"This department is now prepar-
ing a form of ballot to be sent out
for use in the November election
The law requires that the governor
shall, as far as practicable, print the
names of candidates for Office to be
voted for at this general election.
..Please advise at once how the
governor is to make up the list OF
candidates to be printed on the form
of ballot to be sent out. The law
requires returns of primary elections
to be made to the state librarian and
these returns show the names of the
successful candidates.
els the governor, in making up
the list, limited to those whom the
results of the primary show TO have
been the successful candidates?
"To be more specific; the friends
of w. H. H. Phelps desire his name
to be put on the list as a candidate
for pension commissioner. Has the
governor any authority or any right
to place the name of Mr.. Phelps on
this ticket? If it is his duty to do
so, would it not also be his duty to
put the name Of any other citizen on
the ticket as a candidate for any
other Officer"
Napfer's Opinion
Attorney General George M.
Napier, in his reply and opinion,
says:
''In my opinion, in making up the
list of names to be printed on the
form of ballot to be sent out for
the coming election, the executive
is limited to the names of persons
nominated in the recent primary
election, as declared by the state
convention! Furthermore, it seems
to me the governor has no authority
or right to place the name Of Mr.
w. H. H. Phelps on the ticket for
the coming regular state election.
EITHER the names of the nominees
only should go on the tickets, or the
bride would have to be pulled off
and the name of every person who
might wish to run for any office
would have to be put on the ticket
"Should Mr.. Phelps desire to have
tickets distributed containing his
name thereon, it would be his priv.
tilege and duty to have same printed
and distributed.
cit would not be practicable, un.
der the terms of the primary law
for the governor to include his name
or the name of any other candidate
who seeks that office save the
| nominee"