Freeman v. Felts
| Decision Date | 17 February 1961 |
| Parties | Porter FREEMAN v. Sam L. FELTS et al. 12 McCanless 201, 208 Tenn. 201, 344 S.W.2d 550 |
| Court | Tennessee Supreme Court |
Porter Freeman, pro se.
Cecil Sims and William Waller, Nashville, for appellee Justice Sam L. Felts.
Jack Wilson, Asst. Atty. Gen., George F. McCanless, Atty. Gen., for other appellees James Peeler, Chairman, Democratic Executive Committee, Joe C. Carr, Secretary of State, Dr. Sam Coward, Chairman, State Board of Elections.
*
This is an election contest over the office of Associate Justice of the Supreme Court.
Appellant, Porter Freeman, whom we shall refer to herein as complainant, filed his original bill in the Chancery Court of Davidson County on August 30, 1960, against Judge Sam L. Felts, who was elected Associate Justice of the Supreme Court in the General Election of August 4, 1960, George F. McCanless, Attorney General, Jimmy Peeler, Chairman of the Tennessee Executive Committee of the Democratic Party, Jerry McDonald, Election Co-ordinator of the State of Tennessee, Dr. Sam Coward, Chairman of the Tennessee Election Commission and Joe C. Carr, Secretary of State.
The bill charged that complainant had been nominated for the office of Justice of the Supreme Court for the Middle Grand Division at and by an assembly or caucus of the Free Democrat Party held on June 29, 1960, in Davidson County for the purpose; that complainant accepted the nomination and pursuant thereto did on June 30, 1960, write a letter of certification to every county election commission of the State of Tennessee, a copy of said letter being filed as Exhibit A to the bill of complaint; that on the same date complainant forwarded to Dr. Sam Coward, Chairman of the Tennessee Election Commission, by registered mail a letter requesting Dr. Coward to notify all election commissions of complainant's request to have his name placed on the ballot as the nominee of the Free Democrat Party for Judge of the Supreme Court, Middle Grand Division; that complainant had done everything required of him by the election laws of the State of Tennessee to have his name placed on the ballot in the General Election to be held on August 4, 1960; that the Free Democrat Party was incorporated under a general welfare charter of the State of Tennessee granted and issued on June 26, 1958, by the Secretary of State; that on June 30, 1958, there was filed in the office of the Secretary of State an affidavit that the Free Democrat Party does not advocate the overthrow of the local, state or national government by force or violence; that complainant's constitutional rights were violated by the omission of his name on the official ballot in the General Election of August 4, 1960, in 67 of the 95 counties of the State; that Sam L. Felts was not the legally qualified candidate of the Democratic Party of Tennessee because he was not legally nominated for the office as required by law; that George F. McCanless, Attorney General of the State of Tennessee, and the election officials named as codefendants had conspired to keep the name of complainant as nominee of the Free Democrat Party off the official ballot in the General Election of August 4, 1960, said codefendants being charged in general terms of violating the election laws of the State and McCanless, as Attorney General, being specifically charged with a violation of complainant's right to become a candidate for Judge of the Supreme Court and to have his name on the official ballot in all counties of the State by issuing an opinion in reply to a letter from Ernest R. Taylor, Secretary of the Election Commission of Hamblen County, to the effect that Freeman was not entitled to have his name on the ballot, specifying in such letter his reasons for such opinion, copy of which was filed as Exhibit C to the bill.
There was filed as Exhibit B to the bill a copy of the election returns certified by the Secretary of State, which showed that defendant Sam L. Felts had received a majority of the votes cast in the election for the office of Associate Justice of the Supreme Court, Middle Grand Division.
Complainant prayed in the alternative that he be declared the winner of the election or that the election be declared void and a new election held.
In his separate sworn answer to the bill Judge Sam L. Felts denied that complainant was or had ever become a candidate within the legal meaning of the election statutes of the State, or that he was or had ever become the legal nominee of any bona fide political party in the State for the Judge of the Supreme Court for the Middle Grand Division; that an assembly or caucus was held in Davidson County, Tennessee, or elsewhere on June 29, 1960, or at any other time as required by Section 2-1205, Tennessee Code Annotated, for the purpose of nominating a Judge of the Supreme Court or other local officers; that complainant was nominated and had accepted the nomination for such office; that complainant had complied with all of the laws pertaining to the General Election and with respect to the office of Judge of the Supreme Court for the Middle Grand Division, either as an individual or as a candidate or nominee selected by any legally constituted political party in Tennessee; that the 'Free Democrat Party of Tennessee' is not a legal political party in Tennessee, Democratic or otherwise; that the charter issued in the name of 'Free Democrat Party of Tennessee' was legal or authorized by the statutes of the State; that the alleged 'Free Democrat Party of Tennessee' or 'Free Democratic Party of Tennessee' has complied with the requirements of Section 2-1203, Tennessee Code Annotated, with respect to the filing of an affidavit showing that such purported party does not advocate the overthrow of local, State or national government by force or violence; that said alleged political party ever filed an affidavit as required by Sections 2-1203 and 2-1204 of Tennessee Code Annotated as a condition precedent to the placing of a candidate's name on a ballot with the Election Commissions of the counties of Tennessee who were charged with the placing of the names of candidates on the ballots; that Freeman was entitled to have his name placed on the ballot in the counties of Tennessee as a candidate for the Judge of the Supreme Court of Tennessee in the General Election held on August 4, 1960.
Judge Felts proceeded to allege in his answer that in said General Election he was duly and legally elected to the office of Judge of the Supreme Court as shown by the certificate of the Secretary of State filed as Exhibit B to the bill; that he had been duly certified as having been so elected; that prior to the filing of this contest proceedings he had been duly commissioned by the Governor of Tennessee as a Judge of the Supreme Court and that he now occupies such judicial position pursuant to the law and in full compliance with each and every applicable statute of the State of Tennessee.
Judge Felts expressly denied the averments in the bill that he was not the legally qualified candidate of the Democratic Party and that he was not legally nominated to the office of Judge of the Supreme Court of Tennessee, Middle Grand Division, and positively averred that he was the sole and exclusive nominated candidate of the Democratic Party of Tennessee for the position of Judge of the Supreme Court of Tennessee, Middle Grand Division, and was duly and legally elected to such office in the General Election as such legal nominee of the Democratic Party.
Judge Felts concluded his answer by neither admitting nor denying the remaining averments to the bill relating to his codefendants and demanded strict proof of all such averments, except that he positively averred that he at no time entered into any conspiracy with any of the parties defendant or any other persons in connection with such election.
Each of the other defendants filed his sworn answer to the bill denying all the material allegations thereof, except that the defendant McCanless admitted rendering the opinion to the Honorable Ernest R. Taylor, Secretary of the Election Commission of Hamblen County, Tennessee, copy of which was filed as Exhibit C to the bill, but he denied that he mailed copies of said letter to the...
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