Evening star., 1946-10-13
Georgia Official Rules
Ballot Must Include
Mrs. Mankin 5 Name
By the Assoeiosed Press


against the State Democratic Con-
vention today and declared that ths
name Of Judge James G. Davis
could not legally appear as ths
only party candidate for 5th dis.
trict Representative on the genera
election ballot.
In an unprecedented opinion Mr.
Cook upheld the conomination o,
Representative Douglas Mankin
Democrat of Georgia, who contend,
that she, too, is candidate be-
cause the State Democratic Execu-
tive certified both her and Judge
Davis last August.
Both were certified by the COM
mitee after returns from the Demo-
cratic primary showed Mrs. Mankir
had won the popular vote in the
5th district and Judge Davis had
won the county unit vote. Under
Georgia's unusual voting laws, 9
candidate must carry a majority OF
the county Units for election anc
winning the popular vote does not
necessarily elect him.
Mr.. Cook held that the soldiers
voting law, which requires certifi-
cation of candidate 80 days before
the general election, is still in effect
and also cited Georgia statute
that provides for a 30-day period
between nominee certification and
voting.
+ Davis Seeks Injunction.
Almost Immediately Judge Davis
filed petition in Fulton Superior
Court for an injunction to prevent
county ordinaries from being a
party to the ridiculous procedure
Of placing two nomiees for one
Office on the ballot"
Judge Davis also instituted man.
damus proceedings to compel the
Secretary of State to render deci-
sion between one and the others
as set down by the law OF our State.
Representative Mankin said in a
statement tonight she was mot sur
prised" at the Attorney Generals
ruling.
"It is exactly in line with the
opinion that he gave to the State
Democratic Executive Committee
last spring when this COMMITTEES
sought to determine the date upon
which the primary should be set,
she added in a formal statement.
Comments on Suit.
"Our Attorney General and our
Secretary of State and our Judges
OF the courts Of ordinary are all
Democrats, but they are also public
officials sworn to uphold the law.
They must as honorable men follow
the laws of our State which in this
instance are exceedingly clear"
AS to Judge Davis suits, she COM
mented:
"This Is just one more proof that
Jim Davis is trying to win this elec-
ton by a handicap. He knows he
can never win in an open and fair
contest at the polls"
Last Wednesday the party con-
vention in Macon declared that
Judge Davis of the Stone Mountain
Superior Court was the sole Demo-
cratic nominee in the district, COM
prising Fulton, DeKalb and Rock
dale Counties.
Party Banishments Theatened.
The convention then adopted q
resolution banishing from the party
any public official who failed to
abide by the delegates decision and
certified any other than convention
candidates.
Secretary of State Ben Fortson,
who asked for an Attorney Generals
ruling on the dispute, said he re-
ceived the convention instructions
on October 10, less than 80 days
before the general election on Mo-
vember 5.
The secretary of state. who is
threatened with party banishment
If he allows Mrs. Mankin's name to
go on the ballot, said he would COM
ment on the opinion later. He
added emphatically, that 'I intend
TO aDlQe py the law.
Another Political Row.
In another Georgia political
Negro educator was out
of the Fulton County Coroner's race
to avoid racial" conflict and it ap-
peared from hectic events surround
ing his withdrawal that % white
candidates all were free to go ahead
and run for the job.
Fearful that a split white vote
would put the Negro into Office with
solid backing from voters of his race,
the % white candidates yesterday
agreed, none too willingly, to center
support on ore of their number.
When the list officially closed to-
day, however, none of them had
withdrawn and it was assumed that
they still were candidates. County
Democratic Chairman w. A. Lynn
said that, sin fairness to ALL" he
was considering calling a meeting