{ "id": 8721593, "name": "Brown v. Taylor, Chairman; Brown v. Herd", "name_abbreviation": "Brown v. Taylor", "decision_date": "1949-01-10", "docket_number": "4-8685, 4-8686", "first_page": "403", "last_page": "407", "citations": [ { "type": "official", "cite": "214 Ark. 403" }, { "type": "parallel", "cite": "216 S.W.2d 378" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "169 A. L. R. 1281", "category": "reporters:specialty", "reporter": "A.L.R.", "opinion_index": 0 }, { "cite": "20 A. L. R. 1035", "category": "reporters:specialty", "reporter": "A.L.R.", "opinion_index": 0 }, { "cite": "229 S. W. 30", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "148 Ark. 83", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 8717908 ], "opinion_index": 0, "case_paths": [ "/ark/148/0083-01" ] }, { "cite": "299 S. W. 613", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "175 Ark. 409", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1403481 ], "opinion_index": 0, "case_paths": [ "/ark/175/0409-01" ] }, { "cite": "216 S. W. 2d 376", "category": "reporters:state_regional", "reporter": "S.W.2d", "case_ids": [ 8721534 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/ark/214/0398-01" ] } ], "analysis": { "cardinality": 361, "char_count": 6806, "ocr_confidence": 0.505, "pagerank": { "raw": 9.505882454708161e-08, "percentile": 0.5204917352324402 }, "sha256": "f8e536dbea49660e39b2b879490c4cf8ca1f1680d8ada9385476024fff46646d", "simhash": "1:6eef7de5e9a5ded4", "word_count": 1072 }, "last_updated": "2023-07-14T15:29:26.096089+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Mr. Justice George Rose Smith did not participate in the consideration or determination of this case, it having been decided prior to January 1, 1949.", "All of the Justices participating in these cases agree that Chancery Court was without jurisdiction in the circumstances shown here. Views of the Chief Justice and Mr. Justice Fra\u00edtk G. \"Smith as to Circuit Court jurisdictions are expressed in their dissent. Noted to Park v. Kincannon, ante, p. 398, 216 S. W. 2d 376." ], "parties": [ "Brown v. Taylor, Chairman. Brown v. Herd." ], "opinions": [ { "text": "Ed. F. MoFaddiN, Justice.\nThese two cases (Nos. 8685 and 8686) are consolidated, as they present the same issne. We will state the background of each case,'and then render opinion.\nCase No. 8685\nOn April 23, 1948, Ed Brown and W. A. Matheny (appellants here, but referred to as plaintiffs) filed their verified complaint in the Mississippi Chancery Court against \u201cJesse Taylor, chairman, and Jim Bunn, secretary of the Mississippi County Democratic Central Committee; and Bryan Herd, Clinton Sharp and Boss Smith\u201d (all appellees here, hut referred to as defendants). The complaint alleged that the plaintiffs were the duly elected, .qualified and acting County Democratic Central Committeemen from Little Biver Township, Mississippi County, -Arkansas; that said Little Biver Township was entitled to only two such committeemen ; that on April 6, 1948, the Mississippi County Democratic Central Committee \u201cappointed three extra Committeemen from Little Biver Township; namely, Bryan Herd, Clinton Sharp and Boss Smith, defendants herein\u201d; that the County Central Committee had no authority to make such appointments; that the said Herd, Sharp and Smith were \u201cundertaking to exercise and usurp the office of committeemen and the powers and duties of said office as Committeemen.\u201d The prayer of the complaint was that Taylor and Bunn be enjoined and restrained from permitting Herd, Sharp and Smith to act as said committeemen, and that Herd, Sharp and Smith be restrained and enjoined from usurping the plaintiffs\u2019 \u201coffices\u201d, and from interfering with the plaintiffs in their exclusive rights to act as said Committeemen.\nThe defendants demurred to the complaint, saying, inter alia: \u201cThat the complaint of the plaintiffs shows upon its face that the matter there mentioned involves an interpretation and construction of its rules by the County Democratic Central Committee, and that this court is therefore without jurisdiction to hear and determine said cause.\u201d\nThe chancery court sustained the demurrer and dismissed the complaint for want of jurisdiction; and this appeal challenges that decree.\nCase No. 8686\nOn May 28, 1948, Ed Brown and W. A. Matheny (appellants here, hut referred to as plaintiffs) filed their verified complaint in the Mississippi Circuit Court against Bryan Herd, Clinton Sharp and Ross Smith (appellees here, hut referred to as defendants) in which complaint it was alleged that the plaintiffs were the duly elected, qualified and acting County Democratic Central Committeemen from Little River Township, Mississippi County, Arkansas; that Little River Township was entitled to only two such Committeemen; that on April 6, 1948, the Democratic Central Committee of Mississippi County named the three defendants as additional Committeemen in Little River Township; and that the said three defendants were \u201cusurping the office' of Committeemen in and for Little River Township, wrongfully, illegally, unlawfully and without right.\u201d The prayer of the complaint was that the defendants be restrained from usurping the plaintiffs\u2019 \u201coffices\u201d, and from acting as Democratic Central Committeemen, and also from interfering with the plaintiffs as such Committeemen.\nThe defendants demurred to the complaint, saying, inter alia, that the \u201ccourt is without jurisdiction to hear and determine the controversy set out in plaintiffs \u2019 complaint.\u201d The trial court sustained the demurrer, and dismissed the plaintiffs\u2019 complaint when they refused to plead further. This appeal challenges the rulings of the trial court.\nOpinion\nFrom the foregoing recitals, it is clear that the plaintiffs, first by chancery suit and then by action at law, have attempted to obtain judicial assistance in their claims to be the exclusive County Democratic Central Committeemen of Little River Township. The single question to be decided on these appeals is, whether the courts \u2014 under the present status of legislation and decisions \u2014 are the proper tribunals in which to settle matters relating to the internal affairs of the County Democratic Central Committee.\nIn Parks v. Kincannon, ante, p. 398, 216 S. W. 2d 376, we followed our earlier case of Tuck v. Cotton, 175 Ark. 409, 299 S. W. 613, and held that under our present statutes, courts have no jurisdiction to hear and determine a contest for the nomination of a Central Committeeman; and that the courts \u201cwill leave these matters to be determined by the political parties, just as they were before the enactment of the primary election law.\u201d Since there cannot be an election contest for Democratic Central Committeeman \u2014 and we so held in Park v. Kincannon, supra \u2014 then, a fortiori, the courts will not interfere with the party\u2019s determination as to who are such committeemen. When the Mississippi County Democratic Central Committee determined that there should be five Committeemen from Little River Township, then, if plaintiffs felt aggrieved, they should have carried their protests to whatever body in the Democratic Party system that exercises supervisory and other control over the Mississippi County Democratic Central Committee. The dispute was a party matter, and not within the jurisdiction of the courts.\nIn Ferguson v. Montgomery, 148 Ark. 83, 229 S. W. 30, Mr. Justice Haet, . speaking for this Court, said: \u201cExcept to the extent that jurisdiction is conferred by statute or that the subject has been regulated by statute, the courts have no power to interfere with the judgments of the constituted authorities of established political parties in matters involving party government and discipline, or to determine disputes within a political party as to the regularity of the election of its executive officers.\u201d\nAuthorities generally are in accord with onr holding. See 18 Am. Juris 271 on \u201c Committeemen as Public Officers\u201d; 18 Am. Juris 273 on \u201cJudicial Control Over Parties\u201d; 29 C. J. S. 121 on \u201cJudicial Supervision\u201d; and Annotations in 20 A. L. R. 1035 and 169 A. L. R. 1281 on \u201cDetermination of Controversies Within Political Party.\u201d\nThe ruling of the trial court was correct in each of the appeals here presented. Affirmed.\nMr. Justice George Rose Smith did not participate in the consideration or determination of this case, it having been decided prior to January 1, 1949.\nAll of the Justices participating in these cases agree that Chancery Court was without jurisdiction in the circumstances shown here. Views of the Chief Justice and Mr. Justice Fra\u00edtk G. \"Smith as to Circuit Court jurisdictions are expressed in their dissent. Noted to Park v. Kincannon, ante, p. 398, 216 S. W. 2d 376.", "type": "majority", "author": "Ed. F. MoFaddiN, Justice." } ], "attorneys": [ "Claude F. Cooper, for appellant.", "W. Leon Smith, for appellee.", "Claude F. Cooper, for appellant.", "W. Leon Smith, for appellee." ], "corrections": "", "head_matter": "Brown v. Taylor, Chairman. Brown v. Herd.\n4-8685, 4-8686\n216 S. W. 2d 378\nOpinion delivered January 10, 1949.\nClaude F. Cooper, for appellant.\nW. Leon Smith, for appellee.\nClaude F. Cooper, for appellant.\nW. Leon Smith, for appellee." }, "file_name": "0403-01", "first_page_order": 441, "last_page_order": 445 }