The Montgomery advertiser., 1904-09-13
Houston and Perry Coun- ty Contestants Fail.
IN SESSION TWELVE HOURS
The Committee Reserves Ap-
 psllate Jurisdiction.
Ferry County Nominations Confirmed.
 Northeastern Chancery Divi- . |; sion Case is Con-
 ,.'. 7; r-. &l'e '- sidered.

After dragging through the hours of the night, listening to argument Of counsel, the Democratic Executive Committee of Alabama at 2:15 o'clock this morning decided the contest from the Northeastern Chancery Division in favor of Hon. w. W. Whiteside of An niston, thereby sustaining the action or the Democratic Committee of the -Di- vision.
 The contestant was Hon. E. M. Oli- yer of Chambers County. MT. White side will be the Democratic nominee to succeed Hon. Harry J. Gillian, who died several weeks ago.
 The State Executive Committee of the Democratic Party of Alabama VIII continue to exercise appellate and SUI pervjsory powers over all county ana sub-committees of the party in the State. It settled this question fairly and souarely at called meeting yes terday, lasting from noon until after midnight. and at which 1t heard ana determined appeals coming up rom Perry and Houston counties.
 The committee reaffirmed its posi- tton in passing upon the contents from the Northeastern Chancery Division
 In the settlement of these appeals the action of the county committees In declaring the nomination was sus- tained. The committee went on record in declaring that 1t has the right t, reyise. the. action of the county com rnittees. but after an investigation dfd not feel that il" was called upon to re- wise the action of either the commit tee in Houston County or the commit tee in Perry County.
 In the Houston County case the committee held that Probate Judge George Leslie was entitled to the cer- ttficate of nomination that was given to him by the county committee. the contest of A. c. Crawford to the com trary notwithstanding. MT. Crawford based his contest upon the action or Judge Leslie in having printed 5000 ballots exactly like the official ballot, marking; them with an stndelltbfe pen- cii and sending them out to the voters in the county. The committee decided that there was not enough in this act of Judge Leslie's to Induce 1t to over rule the county committee which gave Judge Leslie a certificate of the nom ination which showed large plurality for him.
 The contest from Perry County was a,double barreled affair. The offices or tax assessor and circuit clerk were involved The contestants for both ofices pooled their issues and made their fight together.
 The contestees, that is the nominees as declared by the County Committee united for a common defense. A. H. Givhan contested the nomination of E.. E. Howell for Tax Assessor, and R. H. Evins contested the nomination of W. T. Harris for Circuit Clerk. The contests were based upon alleged IT, regularities in Radsfordville, Pine Tuckey, Bushy Creek and Heard.s beats The committee had witnesses before 1t and the members listened to learned and legal arguments upon the vital issues.
 The result was another endorsement for the County Committee The State Committee declared that they were en- titled to their certificates of nomina- tion.
 It was one of the most exhausting meetings that the State Committee ever held. The committeeman began their deliberations at noon yesterday. They kept doggedly at 1t until long after midnight As fast as one case was dis posed of another was called. When one set of attorneys had gathered up their books and papers a fresh set took their places with another. formidable array of complaints, demurrers and authorities. The City Council Cham Der where the committee met was very like court room. except for the free dom in which the committeeman loung- ed about and pulled at big cigars.
 In the language of the theatrical pro- fession the Committee played to a big house." The crowd of onlookers was larger than any which had attended Committee meeting in recent years. A noticeable feature of the meeting was the presence of a large number of pro- bate judges who were evidently inter- ested in the Houston County case.
 Among those who were assembled in the lobby of the council chamber dur ing the deliberations of the committee were General George P. Harrison. Judge A. H. Aston. Judge A. J. Dri- yer, Judge Milo Abercrombie. Com gressman J. Tom Hefiin, CeAl Browne. Judge J. H. Stewart, Captain T. D. Sanford, Earnest W. Thompson. R. B. Barnes. R. H. Walker. E. M. Oli- yer. w. W. Whitesides, Senator Fred S. Blackmon. l.. E. Jeffries H. F. Reese A. M. .Tunstall, W. c. Tunstall. Thomas E. Knight, many State off, cials and delegations from each county which had sent up a contest.
 The expected contest from Marengo county did not materialize The pEe- llminaries for the contest had been gone IHTOusH Wltu Uut L.. F.. JemripS of Selma who represented the contest ant s. P. Powell, announced that the contest against the nomination of A, L. Hasty for Judge of Probate of Ma rengo county would not be carried be- fore the committee
 The members of the committee who were present at roll call yesterday were Chairman H. s. D. Mallory. Messrs. V. A. Carter. J. J King, W H. Sanford, R. H. Arlington, Tipton Mullins. G. F. Sedberry, J. J. Harlan. D. M. White. J. H. Meigs, J. c. Eys- ter, J. H. Nathan. J. B. Christian. A. H. Merrill. R. A. ORear. c. Brooks Smith. Jones Moore and E. H. Glenn.
 Secretary John c. Pugh was not present and Pat McGauly was selected to serve in his place.
 Chairman Mallory announced that the Committed had been called together to hear contests from Perry and Houston counties and the Northeastern Chan rery Division. There was doubt, he said. as to the contest from Marengo County. At this juncture Mir. Jeffries announced that the contest would not be brought, but said that the contest ant dfH moi fOre0o hfG fa