The Montgomery advertiser., 1904-08-13
Call Is Resclnded.

On account OI tne 11ldDlllty or many members to attend. Chairman H. S.. D. Mallory has postponed indefinitely from Tuesday the meeting of the State Democratic Executive Committee at which the appeal of Judge s. P. Prow- ell of Marengo against the election of A. l.. Nasty to be the party's nominee for the Probate judgeship was to be considered.
 When Judge Prowell gave notice that he would appeal from the decision of the Executive Committee of Marengo County, MT. Mallory called a meeting of the Committee for Tuesday, August 16, in Montgomery. The responses to his call. however, have in so many in- stances been statements that members could not attend the session at the pro- drawn the call. The date of another call has not been announced.
 The continude protestation of Judge Prowell against his defeat perturbs all of Marengo County and many in the County are beginning to express dis satisfaction at his repeated efforts to obtain the nomination over MT. Nasty An able attorney in this city today ex- pressed the opinion that Judge Prow- els appeal from the County Execu- tive Committee to the State Executive Committee is without warrant and that he has no right of appeal whatever.
 April II Judge Prowell. Judge Woolf and MT. Nasty were candidates for the office of Judge of Probate of Marengo County. MT. Nasty received a plural ity of forty-five votes. Judge Prowell being his nearest competitor. In a second primary MT. Nasty was de- clared to be the winner by 76 votes Judge Prowell contested the election before the County Executive Commit tee The Committee with John E. Hecker as Chairman, and with twenty one members present out of total of twenty-two. after hearing all evidence submitted and all arguments presented and deducting all improper ballots, in- effective through whatever cause. de- clared unanimously that MT. Nasty had been elected over Judge Prowell by q majority of 1Os votes. From this decision Judge Prowell gave notice that he would appeal to the State Ex- ecutive Committed.
 In accordance with the statute as i'm terpreted by a well known lawyer, there can be no appeal from the Exec utive Committee of the County. Sec tion 29 of statute governing primary elections states a contest must be filed in County elections in five days, in district elections III ten ana Tn state elections in fifteen days. The County Executive Committee, in the case of contested County primaries shall, after hearing evidence and argument. decide the contest. There seems to be no au- thority for an appeal to a district or State Committee, or to any other power or tribunal. The decision of the County Committee, 1t appears, Is final
 The County Committee, in the case of a contest sits as a court to decide the result of a primary for nomination to County office. The function of the State Committee would then, 1t is ar gued, be not the office of a court of appeal, a court superior to the County Committee. but merely for the trial, fin case of contest, of such suits as were brought against the nomination of State officers. It Is merely to the State what the County Committee is to the County.
 What Is here deemed even a more potent reason for granting no appeal from the County to the Stato Commit tee is the fact that thus precedented the appeals to the State Committee would doubtless in time become num- berless and the members of the State organization would he in constant session.