The age-herald., 1900-08-29
FIRST BLOOD IN
 THE FIFTH DISTRICT
fcontInued From First Page.)


 by the state Convention in 1892. Among o.ner th4nss, he said: We must have some authority to decide who shall be entitled to seats in conventions. A bare majority oi the committee should not undertake to overthrow d time-honored law. IL VIII hurt in the codrIties and breed contests where harmony has heretofore prevailed. The resolution is not gefmain to any question before this committed. It declares law that has not been in existence; it declares as law that which not been law and de- clares not to be law that which has been law. Don't attempt to make party law fer the State on account of contest In the Fifth District. Don't declare law for Jefferson because of d contest elsewhere. Make a special law for the Fifth District Il you Wil-, but don't make it apply to the Ninth. This resolution is not german to the contest in the Fifth; let us settle each case separately"
 Gunnii. z Debade
 Mir Stevens replying to MT. Lowe, said:
 T am not as well advised as to party law as the Chairnilsn, but after listening to iin 1 am sure Of the fishtness Of my posi- ton. Authority to make up polls for con- vtntIons does not confer authority to set tie contests. This list of delegates must be made up from prima facie credentials from the people that elect them The reso- luton directs the committee to make up lists from prima facie credentials, and, whether law or not, no committee should deoide contests. That should be determined by conventions alone The district commit lee has no authority to say to Clay County 1hat you are corrupt and traudulent, that's s foI the convention to say
 MT. ONeal Of Lauderdale opposed the resolution. He said the resolution is too sH Heep.ng. The Congressional Comimttee has no power to originate contests. but the 0ungro ossiol.ul Committee has power solely to determine prima facie who are entitled To seats. App.y the resolution to this case, put 1 am not ln favor of adopting sweep il.g jaw Tor the party of the State. The duty Of this committee is not to take away any power from the people, but where usuipation is ascertained to exist to regu- late IL 1 object to the resolution because the language Is too sweeping and 1t is pre- nature
 Mr. Lowe read a resolution adopted by the committee in 1872 and ratified by the State Convention, wherein power to hear contests in county delegations was ex- pfssaiy stated. Nhereupon Mir Stevens stated that he would not insist upon the a0optlon of the resolution, but that he mls,ht reIl.w 1t later on. He finally with dreW the resolution in order to expedite matters.
 The Arguments
 
 Judge Chiffon, Colonel Brewers attorney, stated that was willing to submit the case on the stenographic report of the in- yestsaton made by the Fifth District ConEttee and to this proposition Cap tain !, hite, Air. Graham and MT. Sanford representing Colonel Thompson, assented. Mir. Graham opened the argument for Colonel Thompson, the appellent. and con- fined his T. marks to Clay County, where the only charge was that election officers in two or three precincts were not sworn. He argued that this fact did not vitiate the election; that the provision for swear ing the election officers was merely direct ory and not mandatory. He said no appeal had been made to the canvassing board, nor to the county convention.
 MT. Sanford, for Colonel Thompson, fol- lowed MT. Graham, and dwelt principally upon the situation in Coosa County, going into the details of the vote and the man. her ot the primary or meeting in the beats contested.
 Judge Clifton, counsel for Colonel Brew CT, argued that the Pettus election law which was applicable to primary elections provided for the swearing in of election of- ficers, and by reason of that fact the elec- ton was vitiated unless they were sworn. He contested that Colonel Thompson se- cured the delegation from Coosa by reason Of the Populist vote being cast for him and by intimidation. He stated that testimony showed that a large crowd assembled in Goodwater the day of the convention, and that the executive committee of that coun- ty was afraid to take up the contests from the beats in question for fear of violence. He said that testimony showed that Thomp- son delegations from the beats contested were secured in an irregular manner.
 Captain White closed for Colonel Thomp- son. He had but thrty-three minutes of the time allotted his side in which to make his argument He went Into the etails of the meetings in Coosa County in the beats con- tested and argued that the testimony did not justify the district committee in taking two and a half delegates from Colonel Thompson in each of Coosa and Clay Coun- ties.
 Captain White concluded his argument at o'clock and on motion the committee went into executive session. It remained behind closed doors until 9:45 when vote was taken on the following resolution:
 '.ResolVer, That the action of the dis trict executive committee of the Fifth Con- gressional district in the matter of the contests from Coosa and Clay Counties be and the same is hereby reversed and an- nulled.
 Resolved, That on the face of the re- turns from said counties the delegations known as the Thompson delegates are pri- ma facie entitled to seats upon the floor of the district convention to be held on the 29th day of August, 190O at Goodwater, Alabama"
 The resolution was adopted by the fol- lowing vote:
 For it adoption-O'Neal of Lauderdale, Stevens of Mobile, Graves of Montgomery, German of Lee, Frazer of Bullock, Airing ton of Coffee, Merrill of Cleburne. Whit son of Talladega, Mitchell of Etowah, Har- alson of DeKalb Jones of St. Clair, Kumpe of Lawrence, Hall of Blount, Smith of Hale. Total, IA.
 Against the adoption-Chairman Lowe of Jefferson, Smith of Sumter, Miller of Will cox, McKinzie of Elmore, Sanders of Limestone. Total, 5.
 At s:45 D. m. the committee adjourned sine die.