Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-10-07
MANDAMUS IN
HIDALCO fight
SET FOR OCT.S
Republican COUNTY
Candidates Bring
Action to Sc cur
Place o.. Ballot

IA vet. o.-hearlnES IL
eeedings, filed in behalf of the can.
sldates on the Hidalgo count re.
publican ticket to compel CAM I
hill, county clerk. to order the names
Of the candidates printed on tn
ballot for the general election. will
be held before Judge Hood Boone
Monday, October 8.
Legal questions which have never
before been presented in Texas are
involved in the case, attorneys state
Including the status Of the republican
party in Hidalgo county and
the relative authorizations Of the
state republican organization and the
county republican organization.
The case hinges upon the certifi-
sation of the republican county can-
aidates BY a republican county chair
man who has not been recognized BY
the state organization, and who, the
county clerk contends, is not author
lied 10 certify candidates.
Merely G. q. Il. Quarrel
This is merely a quarrel among
the republicans of HIdalgo county,
and ] cannot place the names of the
candidates upon the ballot until the
courts pass upon the legal questions
involved" Cam L. Hill, county clerk,
said.
The state republican organization
does not recognize the county chair
man who certified the candidates, and
the law requires that the county
chairman certify the names of a
didates on the day of the convention.
Therefore, the chairman recognized
by the state organization cannot le-
gally certify the list, according 10 my
understanding of the law. the mat
ter is one for the ourts TO decide.
IL they hold that the candidates are
legally certified and entitled TO a
place on the republican ticket, their
names will be printed on the ballot.
In view of the circumstances there is
10 recourse tor me other than 10 re-
fuse TO place them on the ballot"
Mandamus and Injunction
The mandamus TO require the coun-
ty clerk 10 print the names Of the
county candidates on the ballot was
accompanied by an application for
m injunction to restrain the clerk
from printing ballots without the
names of the candidates. Ii is under
stood the case will 20 TO the appeals
court.
The situation is the direct result
Of a split in the republican county
convention held here on August 4,
when Willard Ferguson of Mission
was elected county chairman Of Il
faction which withdrew from the
convention. A contest was brought
before the republican state conven-
ton, the Carroll faction was seated
and Carroll recognized as the county
chairman.
The Ferguson faction nominated
a county ticket, and this ticket was
certified to the county clerk by the
chairman. Representatives OF that
faction contend that the ticket was
nominated IN q convention OF duly
elected delegates; that Ferguson was
elected chairman BY that convention,
and notwithstanding the action OF the
state organization he possessed the
authority TO certify the nominees Of
the convention.
The split in the convention came
when the credential committee re-
fused to seat Carroll delegates in
contsts brought from several pre-
cincts. Carroll and his followers
withdrew from the convention and
proceeded to elect delegates to the
state convention but nominated no
county ticket.
Claims Ferguson Unauthorized
The county clerk maintains that
Willard Ferguson had no authority
70 certify the candidates in view of
the later action of the republican
state convention, and attorneys sup
uorting the republican county ticket
contend that the county clerk can
not refuse TO certify the names OF
nominated in regular con-
vention, and that the action Of the
state organization does not affect the
status OF the candidates.
The case is expected 70 prove one
Of the most interesting legal bat
Ties in Hidalgo county's history
over twenty attorneys have volun-
teered their services to the republi-
can candidates. Attorneys who will
the candidates at the hear
ing Monday include: Dodson q
Ezell, San Antonio; Glib Galloway.
.rownwood; Grade Galloway, Edin-
burg; Judge j. c. Epperson, Edin-
burg; Judge Haig, E6inburg; Ernest
Smith, Edinburg; Bennett & Ander-
son, Mercedes; Judge r. z. Erwin,
Weslaco; Judge NJ. L. Dew. Wes-
Luther Hughes. Weslaco; Crit
lin & Kimbrough. McAllen; 7. o.
Mitchell, McAllen; Cecil Fulton,
McAllen; Harley Z. Jackson, Meal
en-; W. c. Mercer, McAller. and
+ W Nance, McAllen. Several other
attorneys and lay firms have volun-
eered their services if necessary.
Efforts are being made TO have
torney General Claude Pollard OF
representatives. from his office pres
mt at the hearing.
Hidalgo County Divided
Old residents OF Hidalgo state the
ounty has been the scene Of mary
battles, bu. never Of such
Intensity as the battle now raging.
While the candidates are on the re-
ticket, it is asserted that
sveral OF them are nominally demo-
rats, and many of the attorneys
nd others supporting the ticket
,ere formally allied with the demo-
ratio administration, including
Judge J. c. Epperson, formerly |
judge. All party lines have
cen dissolved in the campaign, il
|, stated. National politics are not
and in the mass meet
ugs being held over he county
9th Smith and Hoover supporters
re speaking from the same platform |
4 behalf of the republican county
Icket.
Thus far the administration forces
ave made no reply, but in the event
he court holds the republican coun-
, ticket be placed upon the bal
y. IL is understood that an active
ampaign will be inaugurated, and i
predicted that practically every
CITE will be polled at the November
Candidates on the republican
cket seeking a place on the ballot
re Ernest NJ. Smith. Edinburg, can
date for representative; I'd &.
ouch, Weslaco. candidate for eSun-
, Judge; Earl Z. Hersen' McAiieh'
~ Z VI McAl- 4