The Birmingham age-herald., 1904-09-13
STATE COMMITTEE HEARS CONTESTS Howell and Harris Sustained in
 Perry County HOLD ALL NIGHT SESSION Contest Against George Leslie By A. c. Crawford In Houston County
 Is Dismissed By Com
 mittee.
HOLD ALL NIGHT SESSION
BY HERvEY w. LAIRD.

-% eiaL)-At 2:15 this morning the %
 ' state committee by a vote of to ' ! % Il sustained the action of the north Y -% eastern chancery division commit X
 < tee nominating w. W. .Whiteside of
 Anniston for chancellor of that1 x -< division.
 S-S %-~~%-~s ss-s-&~<&S~e-~>~-~~
 Montgomery, September 12.--(snk et te,.o The state executive committee sroro today and considered eonte1 ana fro,,, Houston and Perry counties, 4,stor
 the Northeastern chsncery dH = csra,,,-
 In the Houston county easeo o,nirst,on of ford was contesting the hdra rhs George Leslie for probatEtha ar.,,r,a,ts dismissed the contest agE Sstva,, x,,.s con.
 In Perry county A. FH of n E aoSel1 testing the nominationGp IT rsTons .,o e for tax assessor and ion m nf w Ussrs T tFars was contesting the nomin9 Tho oi xo,o M os iin, the ris for circuit elera the nj nominations %, of committee sustainesx assassnr and w IT E E. Howell for clerk. ~
 iinliis io. , sastern chancery divisio, IT i M me e,,,,o nor %1f Chambers Is contest'rg the u, N nominatioF os Fn of " W: whiteside, of of Anolstan conclusion had been each- ad i, thn Base at a late hour tyhght.
 Affecting of Cor n.ttee.
 ,r Xeeutive commIee of the demo- orato a4e tnd conseratiy party of Alabama cratlc Xby ChairmaJ H. s. D. Mallory to caileu Eer ous,.- st4lrom a number of coun- conslT Twas Tapped to order at noon today tes /the chairman, Secretary John c. Dy ,gh of Birmingham being absent, the FTll was called by P. McGourley, secre- f1ary pro tenn, only twelve members an- Tswerng. Nineteen being quorum, ad- V journment was taken for ten minutes to await others.
 On a second roll call the following an- :, swered present, being a quorum: 7 H. s. D. Mallory, chairman w. A. Car a ter, Clarke; J. J. King, Marengo; w. H. D Sanford, Pike; P. H. Arlington, Coffee; IT D. H. Glenn, Russell; A H. Merrill, Bar # bour; H. D. Merrill, Calhoun Tipton Null
 lins, Chiffon; G. F. Sedberry, Fillmore;
 J. J. Harlan, Tallapoosa; D. M White,
 Coosa R. A. O'Rear, Walker; c. B.
 Smith, Hale; J. H. Meigs, Marshall; j.. l. c. Eyster Morgan; J. H. Nathan, Col o bert J. B. Christian, Perry; J. G. Moore. 'r Jefferson
 n On motion of w. H. Sanford of Pike, a g committee was named to outline the or ,o der of business for the work before the committee, adjournment to be taken to 70 D. m.
 ~ The chairman stated that there were two contests from Perry county, one from
 Houston and one from the northeastern
 chancery division He also said that 1t
 had been reported informally that con- l. test would come up from ,Marengo on the tt probate judgship.
 y L. D. Jeffries of Selma stated that 1t 7s was his understanding that the Marengo ,- county contest had been withdrawn. d Details of Contests. l. The contests came up on appeals from h the county committee. The Marengo r. contest which was expected, but failed t to materialze. was the complaint of !, Judge s. P. Prowell, who averred that f the nomination of A. L. Hastey was not - regular. The county committee having,
 by said note, ratified the election of
 Nasty, the contest. though expected, was
 never filed.
 In Perry county A. H. Givan is, contest 2 ing the nomination of E. D. Howell for ,, tax assessor, and R. H. Evans Is con- g testing the nomination of W. T. Harris B for circuit clerk
 T In Houston county A. C. Crawford Is y oontesting the nomination of George o Leslie for probate judge.
 t. Afternoon Session.
 The afternoon session of the committee
 was called to order at 205. The chair
 man read excuses from Messrs Searcy of Tuscaloosa, Whtson of Talladega and T Herring of St. Clair.
 ,' The committee on order of business re- ' ported as follows:
  10 jurisdiction to hear appeals before 1t. 10 That if jurisdiction be taken, the is contest from Houston county be heard
 first, with thirty minutes to each side.
 B. Appeals from Perry county. forty
 five minutes to each side.
 ia f. Appeal from the northeast chancery h division, hour to each side.
 5. Consideration of the appeals by the
 committee.
 s. Jurisdiction Question.
 w. II. Sanford moved that the com " mittee proceed with consideration of he l. contests, this in order to get the matter
 of jurisdiction before the committee. at Thomas Knight of Greensboro an at of torney for contestees In Perry county, ar
 gued that the state committee had no au- s- thority to consider contests, the action I. of the county committees being final.
 Hon. Edward A. DeGraffenreid argued III that the state committee had the right, ,a and always exercises appellate author ' ity. He oontended that If there was no = appeal to the state committee county
 committees could refuse to observe in- | structons of the state committee; that
 the county committees could allow men , under twenty-one years to vote and not Y be called to account.
 . J. T. Thompson of Centreville con- r tended that if the county committee vio-
 lated the law there would be recourse
 in the courts. He said there was no such !, thing at common law as rlBnt 10 appear. He said the argument that the state com 6 mittee had appellate Jurisdiction was of
 custom, but there has been change. the i. matter having been provided for by an Y act. This law plainly indicates that P county matters are to be settled in the n county committees. and that the state h committee is only to take cognizance of - matters concerning state officers. v Reads the Statute. !. Mir. Thompson read the statute to the ' effect that county matters were to be Ii settled before the county committee.
 The chair asked how appeals from con
 tested elections were taken. MT. Thcmp- :, son read the law showing that the stat ? utes specifically stated the way of ap- Il peal to the supreme court. This act t, specifically names. also, the tribunal to IS which appeals are to be made. L. Judge Terry Richardson arose at this
 juncture and said that he represented a
 contestant before the committee and
 asked to be heard.
 = The chair stated the time was up, but if the committee agreed Judge Richard .s son might have time. On motion of Jones 2. G. Moore of Jefferson he was allowed ten