The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-04-05
TO
P0U MUST Be
ELECTED SOON
Brummitt To Rule If Pri-
mary And Election Are
Both Necessary
The Times-News Bureau
Sir Walter Hotel

RALEIGH, April 5.-Governor
J. C. B. Ehringhaus must call a
special election in the Fourth
Congressional District at which
the voters in the district must
elect a congressman to fill out
the unexpered term of the late
Congressman Edward w. Pou, of
Smithfield, who died suddenly a
few days ago and who was buried
in Smithfield Tuesday. But he
is not sure yet when he will call
the election or whether a primary
will have to be held before the
special election to select the
Democratic candidate or whether
the candidates for both parties
will be selected by the Democra-
tic and Republican district ex-
ecutive committees. For while
the state election laws are speci-
cific with regard to the manner
in which a candidate may be Sc
lected between a primary and
the general election, the law is
admittedly vague as to the pro-
cedure to be followed where
vacancy occurs before the reg
ular primary.
If Congressman Pou had died
between the date of the primary
and the date of the general cleo
ton in November, the procedure
would have been very simple in
selecting a candidate to fill out
the unexpired portion Of his
term, ending January 5, 1885.
The district executive committee
would have met, selected one
Democratic candidate. The Re-
publicans would have selected
their candidate in a similar man
ner or by a district convention,
the governor would have called
special election and these two
candidates would have contested
for election and the one that
won would become congressman
for the unexpired term. This
was the method followed out
several years ago when Con-
gresham w. G. Hammer, of the
seven tn congressional district
died, after he had been renomi-
mated to succeed himself. The
district executive committee then
selected Hinton James, of Laurin-
burg, Scotland county, as the
candidate for the unexpired term
and J. Walter Lambeth, Jr., of
Thomasville. as the candidate for
the regular term, and both were
elected. But there is nothing in
the election law that indicates
this same procedure may be fol-
lowed when a vacancy occurs be-
fore the regular June primaries.
1t is undoubtedly going to be
the task of Attorney General
Dennis G. Brummitt to decide
whether the district executive
committee may select a can
didate and general election
be held in the district for the
unexpired term before the gen
eral Democratic primary in June,
or whether a special primary as
we'll as a special election must be
held, as Governor Ehringhaus in
dicated he was going to ask for
a special opinion governing these
points Immediately. 1t is thought
possible by some that the Attor-
ney General may rule that a spe-
cial primary as we'll as a special
election will have to be held, al
though there is no specific sta
tute now in the state election
laws that requires a special pri-
mary.
1t is agreed that if the Attor-
ney General should rule such a
special primary necessary for the
nomination of a candidate for
the unexpired term of Congress-
man Pou. it would greatly SIM
plify the situation. For then the
governor could order the special
primary to be held on June z,
the same date as the regular
Democratic primary, and the
same candidates for the nomlna-
ton for the regular term, ex-
tending from January 5, 1885 to
January 5, 1887, could also con-
tend for the nomination for the
unexpired term and the special
election could be held either IN
June or July, depending on
whether or not a second primary
would be necessary. =,
Since there is nothing in the
law requiring the governor to
call the special election within
any given period of time, there
is a possibility that he might
wait to call such an election UNI
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