Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-10-18
MR. M'KN|GHT IS The MAN
Decision of Executive Committee
in AIdermanic Contest.
DISCUSSION WAS OLONGED
Mr.. Austin Gracefully Submts-Tte New Com
mittee Is Called to Meet tuesday
Night for Organization.

The city democratic executive commit
tee of the years 1886 has concluded its
labors and adjourned sine die. Its last
official acts were to decide the aldermanic
contest from the Third ward, North, and
to name the democratic executive COM
mttee for the ensuing two years.
The committee met at II o'clock yes
terday morning in the city hall, with the
following members present: Chairman
J. H. Miller, W. K Terry, r. L. Thorn
ton, C. A. Sem, ]. M. Meighan, E. H.
Hickman (by proxy, P. Cosmnsky), r. L.
Lockwood (by proxy, S. Wiggins), c. G.
Brown (by proxy, e. H. PENN and j. S.
Gillespie.
Mr. Terry, chairman of the sub-com-
mittee appointed to investigate the con-
test for the aldermanic nomination in the
Third ward between Messrs. J. T. Nc
Knight and c. w. Austin, reported that
they had counted the votes for the re-
spective candidates and found that Mr.
Mcknight had received so and Mr.. Austin
rs votes. Mr.. Terry also reported that
four tickets were irregularly marked,
three for Mr.. Mcknight and one for Mr.
Austin. He also reported that the ballots
had not been numbered.
Mr.. Sem moved that the entire COM
mittee continue the investigation. Car
ried.
Mr.. Cosminsky moved that the report
of the subcommittee be received and the
committee discharged. Carried.
The committee then heard counsel for
the contestant. Same offered affidavits
as to certain persons who had voted lille
gally-that is, without having registered
or because of non-residence IN the ward
Counsel for contestee objected, but the
objection was overruled. Section of the
plan for carrying on the primary and the
poll list were offered in evidence.
Attorney for the contestee objected to
the poll list, asserting that same was not
totally correct.
Mr. Sem stated that he knew the asser-
ton to be true, as the list was found to
have errors.
Attorneys for contestant offered affl-
davits that a number of votes had been
| illegally cast and named seven persons.
Attorney for contestee accepted the affi-
| davits as to two of the persons named,
| but offered a counter affidavit as to vote
for contestant.
| Professor Robertson stated that no reg
! istration tickets had been rendered the
managers of the primary in the Third
| ward.
After the evidence was in the attorneys
| were allowed thirty minutes to the side
| to offer arguments. Attorney Huddleston
| opened and was followed by Attorney
| Floyd for the contestee; Attorney White,
| for the contestee followed and Attorney
| Hickman closed for the contestant.
| A motion was offered by p Cosminsky
| that the committee go into executive seS-
| sion, which was lost.
| A motion was offered that 1t be the
| sense of the committee tina the plan for
holding the primary was directory.
Mr.. Cosminsky moved to table the mo-
| ton. Lost.
He then offered motion as a substi-
tute that the plan be mandatory. Lost.
| The original motion was ordered and
carried by a vote of to 8, Messrs Penn,
| Virgins and Cosminsky voting no.
Mr.. Gillespie moved that the four tick
| cts said to have been illegally marked
| be counted for the respective candidates
| Mr.. Penn said the tickets bore on their
| face the instruction that the voter should
| scratch the ticket and only vote for two
| aldermen, and moved to table the motion
| Lost by a vote of to 3, as in the first
| vote.
| Mr. Cosminsky moved that inasmuch
as section of the plan had not been car
| ried out, the election, insofar as that ward
| and the two candidates were concerned.
| be declared off and another ordered held.
| Lost by the same vote as above.
The motion to declare Mr.. J. T. Nc
| Knight the nominee was carried by
| vote of to 8, Messrs. Penn, Virgins and
Cosminsky voting no, and Mr.. Melghan
not voting.
A motion was then offered that all bills
| due by the committee be filed before
| Wednesday with Chairman Miller for
payment or same be barred. Carried.
| Mr.. Cosminsky then offered the follow
ing resolution:
| Resolved, That inasmuch as the fol-
| lowing had received the highest number
| of votes in their respective wards for
committeeman they be now declared the
city democratic executive committee:
First ward-M J. higgins, d. L. Bren-
men.
Second ward-W Fl. Wilder, L. K.
| Steiner.
Third ward-W L. Howard, w. III. Cut
| cliff
| Fourth ward--J. J. Moore, j. Fl. Mont
gomery.
Fifth ward-J. D. Elliott, G. L. Thomas.
Sixth ward-C. c. Johnson, A. A. Cole
| man.
| Seventh ward-G. b. Burkhalter, C. Il.
| Douthtt
Eighth ward-John l.. Parker, w. c.
! Cochran.
Ninth ward-H. Turner, II. Unruth.
| The motion prevailed and the chairman
| so declared
| With the above declaration the COM
| mittee stood adjourned sine die.
Mr. Austin for theiN ominee.
Mr.. c. w. Austin, after the action of
| the city democratic executive committee,
| wrote and sent to the State-Herald for
publication the following card
| A Card to the Public.
| In regard to the contest before the dem
ocratic executive committee of the city
| of Birmingham for alderman of the Third
| ward of the city desire to say that at
| the time filed my contest l believed |
! had merit in my case l still believe that
| if the committee had held to the law pro-
mulgated by them governing the primary
election for mayor and aldermen of the
| city | would have been successful. In
| the judgment Of the committee they de-
cided the contest against me. l presume
| they did this in the interest of the party.
/ shall submit my will to this judgment.
/ shall support and work for all the NOM
inees of the party in the coming city cleo
ton. G. w. AUSTIN.