Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-10-26
FEDERAL TRIBUNAL
REFUSES To DECIDE
TEXAS BALLOT CASE

NEW ORLEANS, Oct. 26.-Hold-
ing that they lacked jurisdiction,
three judges sitting in federal court
as a special tribune here Monday,
denied the petition requested by sup
porters of George E. B. Peddy. Hous'
ton lawyer, to compel Texas electlon
officials to place the name OF Ped
DIV on the official ballot as candl-
date for United States senator IN OPP
position to Earle B. Nayfield, Demo-
cratic nominee and alleged ku KluX
Khan candidate.
In rendering the decision the
Judges announced that no other ques-
ton than that Of jurisdiction had
been considered.
A faction of Texas Democrats OPP
posed to Mayfield assisted by Repub'
leans of the state filed a bill in
equity in the federal court at Mobile
seeking an injunction to force the
Texas secretary Of state to put the
name of Peddy on the ballots in the
senatorial election next month. Judge
r. T. Erwin, Of the Mobile court.
declined to hear the petition, declar-
ing that he had no jurisdiction and
transferred the hearing before the
special tribunal here.
The petition was filed in the name
of r. G. Creager, Republican exec
utive committee chairman of Texas,
and others. The defendants includ-
ed Judge Chester H. Bryan, Of Hous-
ton; Governor Neff, Attorney Gen
eral w. A. Keeling, Secretary of
State S. L. Staples, Mr.. Mayfield
and all election officials, county
the state Of Texas.
In presenting their case attorneys
representing the Peddy faction read
a telegram from Mr.. Creager stat
ing that he had received a letter
from President Harding in which the
chief executive had commended the
Republicans Of Texas for aiding in
dependent Democrats 'in coalition
against all groupings and classes at
tendant upon dictation contrary to
American ideals"
They declared that Mayfield was
not the candidate of the Democratic
party of Texas, but of a faction mas
querading under tho guise of the
PclL LSs A1Cy eau OH dlLAudN1I SISIl-
ed by Colonel r. Johnson, former ed
itor Of the Houston Post, charging
that Mayfield is not Democrat, does
not represent the Democratic party
and any Democrat has the right : to
vote for Peddy, as Mayfield was not
nominated as Democrat, the affi-
davit set forth.
The states case was presented by
Attorney General Keeling, his assist
ant, L. c. Sutton, and Secrtary Of
State Staples. They contended that
Peddy had lost his right as a Repub-
lican nominee when he voted in the
Democratic primary in July, and
argued that the courts Of equity had
no jurisdiction over political rights,
being concerned only with property
rights. Texas laws We're adequate
to handle the situation, they de-
clared.
The hearing was held before Cir
cult Judge r. w. Walker, of New
Orleans; District Judge Henry D.
Clayton, of Montgomery, and District
Judge K. T. Erwin, of Mobile.
Peddy was nominated by factions
Of the Democratic and Republican
parties in Texas opposed to the Ku
klux Khan, who, it was alleged, was
supporting Mayfield. Secretary Of
State Staples ruled Peddy was incl
igible and refused to place his name
on the ballot on the ground that he
was nominated by convention and
that as he had voted asa Democrat
he could not be a fusion candidate.
INJUNCTION AGAINST