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6 JUDGE JOHN T. PENDLETON The campaign literature of Mr. Stephens, the opponent of Hon. John T. Pendleton, is so rich in misstatements of facts and improper appeals for votes that in the interest of truth, a reply has been thought proper. We regret the character of his communications. Candi dates for this high judicial office should he considered solely from the standpoint of merit. Demagogic clamor and false pretenses should find no place in such a campaign. He says “friends of Mr. Stephens prepared his folder.” Who are they? Where are his indorsements? Why doesn’t some one besides himself say he is competent for the office ? Do these “friends” have any existence in the flesh? If so, why is it the folder does not give their names? He states that Judge Pendleton was put out by a “back room caucus.” Is the man who deliberately wrote that statement, with a full knowledge of the facts, a proper man to elect to this office ? What Are the Facts? Two years ago he wanted to he Judge of the Superior Court, and intimated he would make the race against Hon. George L. Bell, who had demonstrated his industry, character, ability and experience as a Judge. A petition was instantly and publicly circulated which was promptly and voluntarily signed by 95 per cent of the bar. asking Judge Bell to run. and pledging him the support of the signers. Mr. Stephens then suggested that he would make the race against Judge W. D. Kilis, who had likewise demonstrated his industry, character, ability and experience. Again 95 per cent of the total bar promptly and enthusiastically indorsed Judge Ellis, requesting him to make the race, and pledging their sup port. Recently he announced that he would likely make the race against Judge John T. Pendleton. Again there was an im mediate, active, earnest, universal protest on the part of the bar; again a petition was prepared requesting Judge Pendleton to make the race, and pledging him their active support. When it became definitely known that Mr. Stephens would run. a meeting in behalf of Judge Pendleton was called, and the call was published in The Atlanta Journal. The Atlanta Georgian ami The Pulton Daily Report. A hall was obtained and an hour set. The widest possible publicitv was given to the fact that the meeting would be held. It was held in an open hall where all white men friendly to the candidacv of Judge Pendleton were invited through three dailv papers to be present. At that Public Meeting, a large and representa tive body of citizens gathered for active work, and appointed an executive and general campaign committee. It was a “caucus' only in the sense that everv Trade, Pro fession and Business Interest in the Countv was enthusiastical ly represented. It was “secret” in the sense that it was ad vertised to the world. Mr. Stephens knew these facts when he wrote the folder which reiterates the < , harge of a “back-room caucus.” And his statements are incorrect, made to the public with full knowledge of their incorrectness, and furnish ample evidence that a better man for the office can be easily selected. He says that “a few partisan lawyers interested in pend ing litigation" are supporting Judge Pendleton. All the law yers representing both sides of practically all pending cases are supporting Judge Pendleton. Has Mr. Stephens ever offered, as evidence of his ability, the written statement of a single law yer or client? Has he ever exhibited the written request of a single member of t he At la nt a I>a r that he should make the race ? Why is it iDe three hundred lawyers who know how the office has been conducted are solidly supporting Judge Pendle ton? No one contends tor an instant that the bar has the right Albert E. Mayer. < T. C. Waters. I Thomas B Br- wn. I J. W. English. < B M Blount, C 'l'. Ladson, 11. L Graves Fred Pax on. < Willis M Evnett. W. L. Peel, Charles i Hopkins, < E. C. Stewart. J A Brandi. Dr. W. S. Goldsmith. I Jack I. Spalding. Royal Daniel, Edward R Austin, J. H. Ewing. F E. Radens'eben, Mell Wilkinson. Hen I. Conyers Dr. E. L. Connally. E D Thomas. Dr. W S Elkin, .lack Wilson. AV Floyd Johnsoi W. .1 Tilson. Chas I» M< Kinnex. M Woorl, jk L Ma'son, <’ I. Pettigrew. E A. Anghr Eugene M. Mitrhcil, • ’ I Simmons. Peter I Smith. It «. <ulbers. : . It E <’hurt h. Gordon h Mitchell, Herbert I Ilans .1 A Poole. Charles W Smith. .1 Howell Green. Harvex Ha ••-her. Felix Camp. Mark Holding E. V. <’artei . Jr . Aldine chanib'-rs, A A. Mexer. W H Terrel). Walter < • Marshhut n, H A Alexander. J A Watson. .1 r . A <’ K’ihhU. W A .lames Haa>. Walter McEh'-ath. C A Stnkes. Ixirl Sims. fl S Saffnld. Shelhx Smith Gr ot g» S Liwixh , J L Sims T G Russel. H E Stock hr dg«-. B McConnell. Cl a* F Barnwell, 1 R Nutting. R 1. Hope. Floxd \\ M< Rae. 1 dm s Spalding. I. Murphv, Hem.x Hillver. Ross Sims. Tims .1 F Dax. ■ 11. Edmondson, clarence Bell. I rompton E Ellis. Edward T Brown, Hawkins Randolph. Roiit. S Parker. Hugh M Scott. R ’ Guinn, bred l Taxon. Stiles Hopkins, c T latdson. A \ Meyer. W.dler \ Sun*. B !•' Burdette. Art hut Thurman. A>a \\ Candler. Fred S' t.rimpet, .1 A Hunt. John S Spalding, laimar Hill, ATLANTA GEORGIAN AND NEWS. MONDAY. AUGUST 19. 1912. CAMPAIGN COMMITTEE Harrv Silverman, l.owrv Arnold. J Carroll Payne. Marion lavksun. B A\ Tve. I* R Black. A A intield P Jones. E A Neeiv. Ben J Phillips. A iriyn B Mooir. Alex W. Smith. R A Frledson, E S Croft. T .1 Rlplex. W H la»wts. Samuel D Hewlett. P H Alston. E Zavh»Tj Arnold. Ii irrison tones, lames W Masor. Vv I Brantlex . Jr., Haruki Hirsi li I. F McClelland. John V Smith. Hmiders-n Hallman, I' hn AA Moore, ’ A Dodgert. W E Sul’les. larm -1 . K r ' trl N ’ ' lies*, lohn F Mrthx m. I lx sses Smith, to elect the Judge; no one pretends that the voters are bound by their indorsement. But it is contended that they have a right to bear testimony to the public with reference to the fitness of one and the unfitness of the other, and that this evidence should be considered by the public for what it is worth. Is the testimony of a locomotive engineer, who has spent his life in that work, worth nothing when it comes to the qualifications of another engineer? Is the testimony of a reputable, competent surgeon worth nothing upon the question of whether another surgeon is a competent and an efficient operator? Are merchants not competent to testify as to the quality of the goods they deal in? You are asked to consider the testimony of these lawvers in precisely the same way you would consider the testimony of other men about things connected with their own trades or business. Speaking of Testimony as to Competency What evidence does Mr. Stephens offer that he is qualified to fill this office ? Judge Pendleton was Recorder, Assistant City Attornev. and general praetitcioner for many years. Il<* was one of the most consistently active and successful legal advocates the At lanta Bar ever know. He had plenty of cases, big cases—he had cases all the time and not some of the time- because— he was honest, industrious, able, skillful, signally competent— because —he knew w hat to do, knew how to do it and did it intelligentlv and forcefully. What About the Legal Experience of Mr. Alex. W. Stephens? He says he has practiced law for “fifteen years.” Did von ever see him in the Court House ? Did you ever, as partv. wit ness. juror, or spectator, see him try any cast*? Did you over hear of his having a case? An examination of the last ten volumes of the Supreme Court Reports discloses his name in but two eases. One was a criminal case in which his (dient was promptly found guilty and promptly hung. The other was a <-i\il case involving about $15(1.(Ml. which he promptly lost in the lower Court and promptlv lost again in the Supreme ('ourt. Pour points were made in the bill of exceptions. The ( ’ourt declined to consider two of them because thev were not made in the manner the law required. Has he had any judicial experience? 11<* was appointed Auditor in tin* ease of Noles vs. Jones Mercantile Company, now pending in Pulton Superior ('ourt. He took the Auditor's oath on March 21st. 1911. lit 1 tried the case as Judge in April. 1911. The case involved $6K4.20. On April 12. 1912. just one year after the trial was concluded, the plaintiff filed a rule against him asking the Superior Court to force him to decide the case. A rule was issued bv Judge George L. Bell calling on him to show cause why he had not decided the case. He filed an answer which stated, in part, that the questions involved were difficult for him to determine and asked to be released of his appointment as auditor. \\ hat do you think of that? Did you ever, in vour life, hear of a rule being issued to make a Judge decide a case? If he couldn't reach a conclusion in twelve months in one case involving s(>S4.2<>. when would he be able to decide the numerous cast's in Pulton Superior Court involving from ten to twenty millions each year? The Superior Court can force an Auditor to decide a case. Rut there is no Court which can force a Superior Court Judge to do so. and if he was on the Superior Court Bench he would be beyond the reach of corrective relief. If Mr. Stephens has had sufficient judicial experience— If Mr. Stephens has had sufficient legal experience— John ('lax- Smith. M Herzberg. Clifford 1. Anders.ui. I' A\ Rountree. James I, Anderson. F A Hooper, J M Terrell. I! I. Luttrell Ihi vid Etchberg. Edward L Mcxer. lohn A Box kin. E L Douglas. E \ Carter, H W Dent. II B Troutman. James T Wrignt, Thomas I. Bishop. Frank L Haralson. T B Folder. <’ G Wilson. B \ LoWorn. F E Calloway. \\ w \ iaanska. c B Reynolds. Ernest Kontz. < W I n<b 1 ''-xii. \lxin L Richards, lohn \ Hxnds W R Hammond. Paul I' Johnson. Samuel A Bvcritin. Geo B Rusli. II C Holbrook. Hudson Moore. \\ A\ . Hood. R H Harris. Courtland S Winn, AA D Ellis. Jr . • 'ba Hes B. Shell ~u. lohn K McDonald. Jr . Rox Dorsc.x. M F. Goldstein. Julian S Cnatnbeis, A E Wilson. I- A\’ Born. Alex W Smith. Ji . William A. \\ imbish. James 1. Maxson. Marion Smith. Thomas J l.» wis. J A Fisher. E D Thomas. Marion M Jackson, «' H Kosse- lr . C H Cox. H 1. I’arrx. Morris Macks lames i Ragan. A A ilie* K I ’alex lb»bert c Alston, AA D Thompson, Shepard Bean, w P Bloodworth, John S Candler, Herbert A Sage. A M Brand. J E McClelland. J R Burress. R. R. Shropshire, I lovx ell <' Ei vs in. Lu \x ton Nalle.x, Paul L l.indsax. Alonzo Field. Lowndes c Connallx. Tinnex \V. Rucker. I L Moore. John D Little. J J Barg*. VanA Bachelor, T B Higdon. Ib*gtu Royd. Nathan Copplan. Elliott Cheatham. 1.0 vx in les Calhoun. R W’ Crenshaw. A H Da \i s. W C Davis, w S Dillon. Manx Tmdd I’ H Fraser W w* Gaine*. R F Gllham. George H Gillon, Groi ge < hu dan, c. p Goree. E • > Hollon. M c Horton. I». K Johnson. Robert H. Junes. Jr., M. I 1 McWhorter, ■ lent g< M Napiei. W I- Phillips, A. C Riley. Jr . E A Stephens. . George W Stephens. J B Stuart. E Marvin I’nderwood, <ie rge P \a bftma n George Westmoreland, c M Yeates. Arthur Heyman. T C* Battle. • ; H Cornwell. s C Crane. F A Quillian. w Bachman, H W Jones. J H Porter. John w Cox. \ (’ Corbett Charles J Ab»«>r*. lames E Warren, Paul 1 >oneli<H-. G A K Stevens. i Then Where Did He Get It? He says Judge Pendleton is a “chronic office seeker.” It is true lie was City Recorder. Incidentally, he made a very fine officer. It is true he was ( 'ity Attorney. Incidentally, he made one of the best legal advisers the city ever had. It is true he was appointed Judge of the Superior Court, without solicitation upon his part, when Judge Lumpkin was placed on t he Supreme (’ourt. I ncidentally, he is one of the best trial Judges in Georgia. It is further true he has been twice indorsed, since then, by the people. The people appear to be as well satisfied with his admin istration as the lawyers. But. Mr. Stephens, what about your record as a “chronic office seeker?” on ran for Justice of the Peace. You ran for City Recorder. Ton ran for Solicitor of the Criminal Court of Atlanta. Aon ran for the Legislature from this County. \\ ere you ever elected to any office? Isn't your appetite for office both varied and voracious? Indorses a Negro On December 2. 1904. Mr. Stephens indorsed a negro poli tician for admission to the bar. He had a legal right to do this if it met his personal tastes and inclinations, just as Mr. Wick ersham had the right to indorse the negro Lewis for member ship in the American Bar Association. But a negro lawyer is distasteful to ninety-nine per cent of all jurors, parties, witnesses and lawyers. Mr. Stephens was either so constituted as to be ignorant of this fact, or knowing it. was indifferent as to the feelings of the people. A Judge of the Superior Court ought to both know and be keenly alive to the results of his acts. His exercise of a legal right to indorse a negro for admis sion was an act not calculated to facilitate the even, efficient operation of the legal machinery. Air. Stephens staled at the East Point meeting that Judge Pendleton, as Administrator of the Collier estate, had brought a suit in the Superior Court against certain parties when this case should have been brought in the City Court, the intimation being that .Judge Pendleton was seeking the influence of the Superior ('ourt in the decision. 'I his statement reflects no credit upon Mi-. Stephens. Judge Pendleton was named by the ('oilier heirs as Administrator of their estate, and appointed Administrator before he was se lected as Judge of the Superior Court. This estate has never been wound up. and Judge Pendleton is still the Administrator and no right to sue exists in behalf of any one except Judge Pendleton as Administrator. The suit was one which required equitable relief. It could be brought only in the Superior Court. The suit was filed and the process issued in the name of one of the other Judges. Judge Pendleton is not qualified to trv that ease, and no one with the slightest intelligence would ever in timate that he did propose so try the case. Either Mr. Stephens made the statement to produce an entirely improper impression, or he did not know that a peti tion seeking equitable relief had to be filed exclusively in the Superior Court. Is he, in either event, the best man for this position? The selection of a Judge for this office is far avvav and be yond all partisan politics. This Judgeship is of more importance than the ambitions of any one man. It affects home, propertv. libertv, life. It is important to go slow, consider carefully—and get the right man. J. D. Kilpatrick, Chairman. 1., Z Rosser. Jr. P. II Brewster. W illiam S. Thomson, W C. Munday. Edmurtd W. Marlin. Rtseph AV. Humphries, W C Cousins, w W. Tindall. Il A Ethridge. John I». Ilumphries, J H Dodgen. William 11. Withers. Malvern Hill, Lucien Harris. Tull C. Waters. R. R Arnold. Carlos H. Mason, James L. Key. Hudson Moore. C I Sullivan. J \ Noyes. E E Pomeroy, lame- W Austin. Paul S Etheridge, W <» Wilson. Philip Wellner. Joseph D Greene. < 'am I» I n»rsp\. E H Rarnett. A E Ramseur. Robert p jone - Spencer R. Atkinson, AA* E Sullies. R .1. Jordan. I J. Hastings. Ronald Ransom, lames K, Hines, Sides Hopkins, s. C. 'Williams. J. S. McClelland. T. (>. Ha thcock. Frank L. Neufviile. Albert Boxlston, Daniel McDougal. T. .1 Buchanan. Morris Brandon. H. M. Patty. AValter G. Cooper, •I H. Gilbert, Edgar Watkins. Floyd Mcßae P •’ McDuffie. A. D Adair. M A Hale, •h A Fisher. V A Kreigsna l»er. VA illiam A Fuller. G H. Fa usee. S N Ex ins. Tom Egleston. L. C Hopkins. S. R Turman A H Rancker. George M Brown, J. S. Slicer, Chailes Nunnally. J. McSwain Wood, E P Me Burney. Walter T. Colquitt, John ICagan. L. Z. Rosser. Sig Pappenheimer, I F. AVestbrook. AA H. Harrison. Hughes Spalding. Thomas J. Lewis, Albert Thornion. W. G. Whisehunt, Alex C. King. D. M. G. Campbell, R. R. Blackburn. 1. M. Hollowell. i;bb P. I’pshaw. Emile Breitenbucher. C J- Sullivan. Reuben R. Arnold. Gordon N Hurtel. Harvey Hill. Arminius Wright. • ohn L. Tx e. Handers McDaniel. H. c. Peeples. F f Sheffield Charles R Clark. Jr., J/e M Jordan. T P Westmoreland. John M Slatnn. Eb T. Williams, Claude C. Smith. .1. F. Gollghtly, Burton Smith, •lohn AV. Moore, Harrison Jones. George C. Middlebrooks E. R. Black, John L. Edmondson, IL AT Patterson, Harvey Johnson. Joseph H. Leavitt. J AA Goldsmith. Clyde Haynes. A. W. Farlinger, R. A. Hemphill. Smith & Tompkins, George Adair. G H. Brandon. M Levin. Dr. E. Bates Block. Fred Patterson. 'A S Byck. John .1 Woodside. Clarence Haverty. John F Me Waters. A'* H Atkins. Marcellus Anderson. E <’ Crichton. Marcus Loeb. R c Black B’ N t Nelma. James L. Dickey.