Evening star., 1947-01-16

| Talmadge said it would be 'ridlc-
ulous to have two Governors sitting
in the Capitol" and said fatty there
would be but one"
Mr.. Talmadge took over Mr.
Arnalls inner Office promptly at
m. after aides had ordered the
locks changed during the night.
Uniformed State police stood at the
entrance of the private Office and
only news photographers and close
political friends were allowed to
enter.
Gladys Creel, private secretary to
Eugene Talmadge and now private
secretary to his son, said Talmadge
forces had moved into the execu-
tive Offices "unopposed" around
7:3O or 8 am. and found all desks
cleared and empty.
.. Says Action Is Final.
In a. formal statement, Mr..
Talmadge said: M
"As Governor Of Georgia, I have
taken complete charge of the exec
utive Offices at the State Capitol
The functions of the Governors S
loffice are proceeding in firm and
Ipeaceable manner. No force or
violence has been necessary to as
sumo control of my Office.
Former Gov. Arnall and attor-
ney general, Mr.. Eugene Cook, have
instituted, according to the press, a
suit against me seeking declara-
tory Judgment.
"The canvass of the votes and the
election of Governor is preroga-
tive vested exclusively under the
constitution of the State of Georgia
in the General Assembly of the
State. Their action in this matter
is not subject to review by the courts
since it would be an encroachment
by the judiciary branch of the gov
ernment upon the legislative branch
of the Government.
Judgment Petition Filed.
IT have made several appoint
ments of department heads who
have assumed control of their de-
partment and they are functioning
in accordance with law. ...-
IT am following the instructions
of the Legislature. 1t would be ridic-
ulous to have two Governors sitting
in the Capitol. There will be but
one"
Mr.. Cook yesterday filed a petit
ton with Fulton Superior Court
Judge Walter C. Hendrix asking for
a declaratory judgment to settle the
governorship.
The petition seeks to have the
court determine whether the title of
Governor rightfully belongs to Mr.
Talmadge or to Mr. Arnall. 9
Mr.. Cook also sought to have the
court issue a permanent injunction
against Mr.. Talmadge restraining
him from assuming any OF the pow
ers of chief executive.
I Acted at Arnalrs Direction.
Mr.. Cook declared he had acted
by direction of Mr.. Arnall "and In
filing this petition, am recognizing
Gov. Arnall as the lawful Governor
l feel that the Supreme Court OF
Georgia should have an opportlln-
ity to pass on it." A Talmadge
spokesman described the move as
merely a legal maneuver."
Mr.. Talmadge claims the COVER
norship on the basis of a constitrl-
tional clause providing that if no
person receives a general election
majority, the Legislature shall
choose from the two persons having
the highest number of votes.
| In effect, the Legislature held that
no person received majority-that
Herman's father vas not per-
son as he died last month. Herman
had received 697 write-in votes to
run next to his father. He asserts
the Legislature was authorized to
select him for the four-year term
his father would have served.
Will Resign for Thompson.
| Mi. Arnall contends it was not the
intent of the trainers of the Con-
stitution ever to provide for legis-
lative election on the basis of write
| in votes. He insists he can serve
legally until a successor is elected
at the 1850 general election and
qualified. He insists he does not
wish to do so and will resign at once
if 1t Gov. M. E. Thompson is in
position to succeed him. ..
/ Had the legislature certified Eu-
gene Talmadge as Governor, Mr.
Thompson automatically would have
become acting Governor for the next
two years with election of a Gov
ernor called for in 1948. A legislative
move by Thompson hackers to have
Eugene Talmadge SO declared was
defeated by Talmadge forces.
The earliest possible date at which
the courts could take any steps to-
ward solution of the problem il
February 7, date set by Judge Hen
dirk for a hearing.
| Under the declaratory judgment
statute 20 days must elapse from thu
. time the Judge aflxes his signature