The Montgomery advertiser., 1901-10-11
REPLYTO GEN. SHELLEY
CHAIRMAN UNDERWOOD SENDS
 HIS ANSWER
Enquiries If the And-Ratification Committee Represents the White Republicans of the State.
 Frank Duncan's Case.

Birmingham, Oct. 1o.-(Special )-Con- gressman O. w. Underwood chairman of the State Democratic Campaign Commit tee, today sent his reply to the letter received by him on Tuesday from General Charles NJ. Shelley and other members of the Campaign Committee of the anti-rati- fcation forces. The Shelley letter was framed at a conference of the leaders of the movement against the ratification of the new constitution held here Monday afternoon and proposed that white primary election be held the Saturday next preceding the election called for November Il. the purpose of the primary to. be to ascertain the sentiment of the white men of the State on the question of ratification and the result of the pri- | mary to be binding on all white men at the regular election on November Il. The latter also proposed that there should be an equal division of primary election managers between the ratificationists and the anti-ratifcationists. MT. Under woods reply is as follows:
 Headquarters Democratic State Campaign Committee.
 General c. M. Shelley, City:
 Dear Sir-I am in receipt of a letter dated October z, 1901, purporting to be a proposition to submit the question of the ratification or rejection of the new Constitution, to primary election, in which all legal white voters in the State are to be permitted to participate, signed by you and six other gentlemen, and which was handed to be on the 8th, after publication in the morning paper.
 Your letter is addressed to me as Chairman of the Committee for Ratifi- cation," instead of Chairman of the Democratic State Campaign Committee.
 The State Democratic Executive Com mittee met and appointed a Democratic State Campaign Committee to conduct a campaign in favor of the ratification of the new Constitution. This was known to you. and this Campaign Committee is the only committee of which I am chair man.
 The Democratic State Campaign Com mittee having been called to meet on next Monday. I will after that meeting give you reply.
 As you propose a primary, in which all white voters may participate, I deem 1t not improper to inquire, so that the Democratic State Campaign Committee may be advised of 1t when it meets. what if any authority you have to represent any other voters than yourselves. and especially what authority you have to speak for the white Republicans in the State. who by the terms of your letter would be allowed to participate in the proposed primary?
 Very respectfully.
 O. w. Underwood, Chairman Democratic State Campaign
 Committee.
 When asked by a reporter as to what his reply would be- General Shelley said: ''I will reply as promptly as possible to the communication from MT. Underwood after conferring with my friends. In ex- plantation of the criticism of our designa- nf fhotvs I say that we also have a Democratic cam paign committee organized under as po- tential Democratic authority as theirs, namely, the authority of the Democratic people. We have as much Democratic power and authority as they and hence style their committee ratification because we are opposed to ratification. I used the term ratification as a contradistinc- tlon applied to one of the differing ele- ments in the Democratic party. Armed with as much authority as they are, and believing that We represent more truly Democratic sentiment than they, we shall continue to fight against ratification"
 The State Democratic Campaign Com mittee in charge of the ratification of the new Constitution was advised today that the Democratic Executive Committee of Franklin County got into line yesterday and placed a campaign committee in the field to work for the ratification of the new Constitution. The situation in Franklin County Is regarded by the cam paign managers as more hopeful than at first anticipated. It is stated that at first the county was practically certain against ratification whereas now 1t seems probable that 1t may be swung into line for the new Constitution.
 meeting of the State Democratic Campaign Committee has been called to convene at noon Monday next in this city. A number of important matters bearing on the campaign will come before the committee.
 The Democratic campaign managers are greatly pleased over the fact that the warning elements of the party in Fillmore County have gotten together and have lined up for the ratification of the new Constitution. Chairman Underwood re- gards that Fillmore Is sure to go for rati- fcation from the present outlook.
 Appeal to Supreme Court.
 The matter of the interference of the State courts fin the trial by courtmartial of Corporal Foster of the TaIladega Rifles has been referred to the Supreme Court Foster was held for alleged in- subordination and a regimental court martial was convened to try him, Lieu tenant Lucian Brown of this city being judge advocate. When the officers ar- rived in TalIadega to conduct the trial, the attorneys TOT the delenoant secured a stay in the City Court of Talladega on the ground of lack of Jurisdiction. Today Col. E. L. HIgdon commander of the 3rd regiment, was instructed by the Governor to appeal the case to the Supreme Court. Steps were at once taken to carry the case to the highest tribunal in the State.
 Branch of K. C., M. 6 B.
 A branch of the Kansas City, Memphis and Birmingham Railroad is to be built from a point near Townley, in Walker County, down Wolf Creek to reach unde- veloped possessions of the Corona Coal