The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04

4 o,c,ocx, n the privkte once Of Mayor
Joscph and organised 10 eiecting II. g.
d. Mallory chairman md r \. Mitchell
secretary. A large crowd OF spectators
The contest for the nomination Of su-
perintendent of Education Of Henry Coun-
ty was first taken up. The contestants
J. B. Espy and r. w. Miller. were botn
present. Mr.. Espy was represented by
Judge j. GI Winter OF Montgomery ana
Mr. Miller was represented by D. ..
Hays OF Abbeville.
The county Committee OF Henry County
declared the contest in favor Of Mr. Es-
by. who received the highest number Of
votes. There were several candidates and
Mr.. Miller ran second. Mr.. Espy got l6e4
votes and Mr.. Miller got los votes. Mr..
Miller contended that under the regulat
lions of the state primary the contest
should be determined by second primary
and appealed to the State Committee
from the action Of the County Committee
in declaring Mr.. Espy the nominee.
The appeal Of Mr.. Miller and the answer
of Mr.. Espy were read at great length.
The answer Of Mr.. Espy set out that he
had been declared to be the nominee and
moved to dismiss the appeal OF Mr.. Miller.
The argument was opened by Judge
Winter for Mr.. Espy, who urged that the
matter was one Of a local character and
that 1t should not come within the pur-
view of the State Committe unless q
Democratic principle was involved. He
called attention to previous regulations OF
the State Committee and said the action
of the County Committee showed that II
had not contemplated second primary
election for county Offices.
Judge Winter spoke about twenty min
utes and was followed by Mr.. Hays who
contended that the primary In Henry
County was held under the rules laid
down by the State COMMITTEES and that
the candidate who run second. Mr.. Miller,
was entitled to contest for the once In
the second primary. Mr.. Miller, he said
was Democrat and he had right to APP
peal to the State Committee of his party
If it, was a question OF party harmony,
Mr.. Hays said, the COMMITTEES should de-
clare that the names Of Mr.. Miller and
Mr.. Espy should be placed upon the DEM
ocrat!c ticket in the second primary
Judge Winter briefly closed the argu-
ment. He said the County Committee had
shown its intention that the result should
be reached in the first primary. This he
said was fnaiity. Mr.. Espy had been
nominated and so declared. Therefore he
thought the State Committee should rat
ify the action of the County Committee
tive Committee of Henry County prcvid-
ing regulations for the primary were read
a second time.
The Committee then went into executive
session to prepare its report.
The executive session was brief. Within
ten minutes the doors were opened and
the subcommittee announced that the
motion by Judge Winter to dismiss the
appeal Of Mr.. Miller was denied and that
the case would be further heard when the
Otts-Tunstall contest had been disposed
Of.
TunstaIl-otts Case.
The subcommittee Immediately pro-
ceeded to the consideration OF the con-
tested case of Otis against Tunstaii.
Lee NJ Otis of Greensboro appealed from
the action Of the Democratic COMMITTEES
of Hale County in declaring Alfred M.
Tunstall of Greensboro the nominee az
representative in the lower house of the
Legislature from Hale County.
Hon. w. L. Martin OF Montgomery
appeared as he said to represent Colonel
s. w. John Of Birmingham, counsel for
Mr.. Otis. Mr.. Martin read kilograms
from Mr.. Otis dated Chicago. stating
that his wife was III there and that his
lawyer, Colonel John, was III In Birm-
fngham. Therefore Mr.. Martin asked for
a continuance of the case until the next
meeting of the State Committee on Sep
TENDER "a.
Hon. John B. Knox of Admission. rep
resenting Mr.. Tunstall. opposed con-
tinuance.> He said Mr.. Otis was abseRt
from Greensboro when the contest was
heard before the County Committee. but
was represented by counsel. Mr.. Otis,
he said. had brought about the contest.
Mr.. Tunstall had come to Montgomery
and had brought about twenty witnesses
TO meet every phase of the case. This
was an expense to Mr.. Tunstall. He
had not received notice that motion
would be made for continuance ana
Mr.. Knox said he felt surs the committee
would reach the conclusion that the case
should not be continued
Mr. Sanders of the subcommittee asked
II any witnesses had been summoned by
Mr.. Otis.
Tg0hkt