The age-herald., 1900-08-24
Col. Thompson Takes His Case
 to Highest Court.
WILL MEET NEXT MONDAY
Contest in Fifth Congressional District to Be Considered-Captain White and Colonel Thompson Give
 Out Statements-The Gall.

 next Monday to consider the appeal from the action of the Executive Committee of the Fifth Congressional District, which decided adversely to Colonel c. w. Thomp- son in the contests which were carried up from Fillmore, Clay and Coosa Counties
 The call for the meeting of the State Committee was issued last night by Chair man Lowe. and Is as follows:
 Birmingham, Ala, Aug. g, 1900 'The State Executive Committee of the Democratic and Conservative party of Ala bama is hereby called to meet at Birming ham Monday the Eth day of August, 1900, at D. m R. J. LOWE,
 JOHN c. PUGH, Chairman. Secretary"
 Colonel Thompson, accompanied by one of his attorneys, Captain Frank White of this city, arrived in Birmingham yester- day afternoon and immediately called on Chairman Lowe of the State Committee and informed him of his intention to ap- peal from the action of the district com mittee. He requested Chairman Lowe to call meeting of the State Committee to hear the appeal Chairman Lowe accord ingly issued the call above stated.
 Captain Whites Statement
 Captain White, counsel for Colonel Thompson, gave out the following state ment bearing on the case last night:
 "The Congressional executive committee took up the contests from Elmore, Coosa and Clay. Colonel Brewers delegates from Elmore held prima facie the right to seats in the Congressional convention. Colonel Thompson's delegates held the regular ere dentials from Coosa and Clay Counties. Some of the delegates to the county eonven- ton in Fillmore who were instructed for Colonel Thompson violated their instruc- tions and voted for Brewer thereby giving the county to Brewer
 The committee decided that the Brewer delegates from Elmore should be seated in the Congressional convention. Brewer con tested the right of Colonel Thompson's del- egates from Coosa County to seats in the convention In this county beat meetings were held under the authority of the ex- ecutive committee, and delegates were se- lected to a county convention which met on the 18th inst. There were 145 delegates in this county convention, and of this number Thompson had 116 and Brewer 29. The Dem- ocratic executive committee met the same day that this convention met, and un- dertook to pass Upon the credentials of the delegates from the different beats, and was in session from 10 o'clock in the morning until late in the afternoon, and passed up- on enough of the credentials to seat majority of the delegates for Thompson.
 About this time a messenger came, claiming to come from Colonel Brewer, who was in the town of Rockford, where the convention was being held, saying, in effect, that he had abandoned any contest tl,e pait m a iOritV of the Thompson delegates had been seated Thereupon the committee selected a temporary chairman and secretary and ad- journed.
 The chairman of the executive committee then came into the convention hall and in- stalled the temporary chairman and secre- tary of the convention. Thereupon com mittee on credentials was raised, which re- tired and before which no contests what ever were made. This committee seated without objection 116 delegates for Thomp- son and 29 for Brewer, and made it's re- port to the convention, which was unani- mously adopted. The convention then made the temporary organization perma- nent and selected five delegates to the Congressional convention, instructinG them for Thompson.
 A Brewer Convention
 Some time that night what purported to be convention was held at the Mcdonald boarding house, in Colonel Brewers head quarters, composed mainly of delegates that had bolted from beat meetings, and selected Brewer delegation.
 Thompson received a majority of about 300 in the popular vote of this county. The Congressional Committee seated both the Thompson and Brewer delegations and gave half of the voting strength to each.
 Tn Clay County a primary election was ordered providing for direct vote for can didates for Congress, and provided for a returning board to canvass this vote. This board was composed of two Brewer and one Thompson man. The committee also declared that the candidate receiving the highest number of votes should select the delegates to the Congressional convention.
 The primary election was held under this plan on the 11th instant, resulting in Thompson receiving 6S9; Brewer, 555; Bull ger, 1, thereby giving Thompson 1S3 ma- jority over Bulger and Brewer. The re- turning board met and so declared and au- thorized Colonel Thompson to name the delegates, which he did.
 Brewers contest in this county was based on the ground that in three of the beats the managers of the election were not sworn, but no contest or objection was made before this returning board or before the executive committee of the county, and the evidence showed that at each of these boxes the Thompson manager asked that they be sworn, but the Brewer managers stated and insisted that it was not neces- sary. Proof further shows that the votes as tabulated from these beats were voted and that they were honestly and fairly cast and counted. All of the modern au- thorities hold that even in general elec- tions failure to swear managers does ont vitiate an election, this requirement. of the law being merely discretionary, it never being the intention to disfranchise the voter by this mere failure of the officer to discharge his duty.
 "Under this showing the Congressional