267 S.W. 773 | Ark. | 1925
The second and third paragraphs of complaint state a cause of action, in that they allege a total number of votes not credited to the appellant in two townships of 115, whereas the appellee's admitted plurality was 79. The demurrer admits these facts.
There were twelve persons who signed the affidavit, and there was evidence tending to show that four of them were not members of the Democratic Party, but, on the contrary, were members of the Republican Party. While there was some testimony to the effect that these men, or some of them, were at times permitted to vote in the Democratic primary, there was evidence tending to show that they had openly declared themselves to be Republicans and affiliated with that party, some of them having voted for the Republican candidates at the preceding election, and others having attended Republican conventions and served on committees in the organization of that party. The evidence was legally sufficient to warrant the finding by the court that each of these four men were Republicans and not Democrats. There was another one of the persons whose political status was challenged as a Democrat — a man named Jeffcoat — and it was claimed that he was a Socialist, and not a Democrat. The testimony against him is manifestly weaker *256 in degree than that against the others, and we need not discuss the question whether or not the evidence is sufficient to show that he is not a Democrat.
We have concluded that the evidence is sufficient to warrant a finding that the four persons alleged to be Republicans were, in fact, members of that party, and, since the elimination of their names reduces the number of the affiants to eight, which is below the statutory number required, it is unnecessary to determine whether any more of the affiants were lacking in qualifications.
The statute (Crawford Moses' Digest, 3772) provides, in substance, that the complaint in a contest for a nomination "shall be supported by the affidavit of at least ten reputable citizens, and shall be filed within ten days of the certification complained of." We decided in Simmons v. Terral,
In Logan v. Russell,
At the trial of the case there was introduced in evidence a copy of the rules of the Democratic Party, and it appears therefrom that 2 of the rules provides that membership in the party "shall consist of all eligible and legally qualified white electors, both male and female, who have openly declared their allegiance to the principles and policies of the Democratic Party, as set forth in the platform of the last preceding Democratic National and State convention, who have supported the Democratic nominees in the last preceding elections, and who are in sympathy with the success of the Democratic Party in the next succeeding election." This is a very broad definition, and we think the court was warranted in *257 finding that the four persons named as being Republicans were such, in fact, and that they were not Democrats within the qualifications prescribed by the rules of the party.
It will be observed that, in order to become qualified to vote in a Democratic primary, a person must not only be a qualified elector and shall have supported the Democratic nominees in the last preceding election, but must also be one who has openly declared his allegiance to the principles and policies of the Democratic Party, and must be in sympathy with the success of the party at the next succeeding election.
We decided in Ferguson v. Montgomery, supra, and in Crawford v. Harmon,
There being sufficient evidence to support the finding of the court, there is no error in the proceedings, and the judgment must be affirmed.