Wilson v. Land

• Decision Date: 10 November 1924
• Docket Number: (No. 229.)
• Parties: WILSON v. LAND.
• Court: Arkansas Supreme Court

265 S.W. 661

WILSON v. LAND.

(No. 229.)

Supreme Court of Arkansas.

November 10, 1924.

Appeal from Circuit Court, Jefferson County; T. G. Parham, Judge.

Action by H. C. Wilson against Mrs. L. K. Land to contest right to nomination for office at primary election. Judgment dismissing complaint, and plaintiff appeals. Affirmed.

H. C. Wilson instituted this action in the circuit court against Mrs. L. K. Land to contest her right to the nomination for the office of county treasurer at the primary election held by the Democratic party on August 12, 1924.

Mrs. L. K. Land, H. C. Wilson, and C. H. Moore were candidates for the nomination for county treasurer at the primary election held in Jefferson county, Ark., on Tuesday August 12, 1924. The members of the county central committee of Jefferson county met at noon on Friday the 15th day of August, 1924, and canvassed the returns filed with said committee. The returns were canvassed and a tabulation of them made by the county central committee on the same day. The tabulated returns show that in the race for county treasurer Mrs. L. K. Land received 2,232, H. C. Wilson 1,849, and C. H. Moore 997 votes. A certificate signed by every member of the county central committee was attached to the tabulation of the returns made by said committee on the 15th day of August, 1924. The tabulation shows the number of votes received by each candidate at said primary election. The nominees were ordered to be certified to the county convention which was to meet on August 18, 1924, and the county central committee adjourned at 6 o'clock on the evening of the 15th of August, 1924, except to meet again for the purpose of recounting the votes cast for chancellor. On the 18th day of August 1924, the Democratic central committee again met to take action, except in the chancellor's race. On the same day the Democratic county convention was held and a certificate of nomination for the office of county treasurer was given to Mrs. L. K. Land duly signed by the chairman and secretary of the said Democratic convention. At a later date a certificate of nomination bearing the date of August 15, 1922, was given to Mrs. Land signed by the chairman and secretary of the Democratic central committee.

H. C. Wilson filed his complaint contesting the nomination on the 26th day of August, 1924. His complaint was accompanied by the affidavits of 10 reputable citizens who are members of the Democratic party.

Mrs. Land made a motion to dismiss the complaint because it was not filed within 10 days as prescribed by the statute. The court sustained the motion to dismiss, and from the judgment rendered dismissing his complaint, H. C. Wilson has duly prosecuted an appeal to this court.

W. B. Sorrells and Coy Nixon, both of Pine Bluff, for appellant.

Caldwell & Ross and Rowell & Alexander, all of Pine Bluff, for appellee.

HART, J. (after stating the facts as above).

This court has held that the filing of a complaint supported by the affidavits of ten reputable citizens, who are members of the party holding the primary election, within the time prescribed by the statute, is a jurisdictional prerequisite, and that if it is not filed within the statutory time the circuit court has no jurisdiction to hear or determine the contest. Logan v. Russell, 136 Ark. 217, 206 S. W. 131, and McLain v. Fish, 159 Ark. 199, 251 S. W. 686.

Counsel for the contestant, however, contends that the 10 days required by the statute within which to file the complaint did not begin to run until the certificate of nomination was given Mrs. Land by the Democratic county convention on the 18th day of August, 1924, or, in any event, that it did not begin to run until Saturday at noon, the 16th day of August, 1924.

The right to contest is given by section 3772 of Crawford & Moses' Digest. The section provides that a right of action is hereby conferred on any candidate to contest the certification of nomination or certification of vote as made by the county central committee. It provides further that the complaint shall be supported by the affidavits of at least 10 reputable citizens and shall be filed within 10 days of the certification complained of.

As we have already seen, the right to contest a primary election is purely statutory and the Legislature may confer it upon such terms as it sees fit. Thus it will be seen that a right of action is given any candidate to...