Bell v. Southwel

376 F.2d 659 (5th Cir. 1967)

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Nature of the Case

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Facts

The Justice of the Peace for the 789th Militia District in Americus, Sumter County, Georgia, died. A special election was called to fill the vacancy. P, a Negro, was a candidate as was the winner, J. W. Southwell (D), and four other white men. Of the 2,781 votes cast, Negroes actually voting numbered 403 out of a total of 1,223 registered and qualified Negro voters in the District. P sued to overturn the election. The main charge was that the election officials including the Ordinary had conducted the election in violation of the rights established under the Constitution and laws of the United States. P requested that the Court declare D was not the legally elected Justice of the Peace, that he be enjoined from taking office, and that the Ordinary be ordered to call a new election. The District Judge by opinion denied relief for three reasons: (1) the results could not have been changed, (2) even if the election were voided, the Ordinary would be required to appoint the successor and the appointee would surely be D and the court and (3) Federal Courts simply do not have power to void a state election. The Court on the basis of the pleadings and affidavits granted summary judgment, F.R.Civ.P. 12(b) for Ds. This appeal resulted.