The Birmingham age-herald., 1904-09-13

luded that the state 6o exercise the very right to continue Ark of the coun- fight to pass upon the "
 y committee. Aau told of cases J. H. Meigs of MaIkee did not control shere state eommitl5and thought that if ouhty committees not powerful In one he higher body w96thers. logically. ase, IL IS not m As surprised that argu- 1. II, Nathah Xnade that all party mat nent naa peen referred to the court louses. N offered a resolution to the a' II, Aer khe state committee has ap- ,n,Iet 'ae supervisory power over the 'e!iaes ahd d5unty and subordinate commit .ctloil oi Eo hear and determine appeals ees ano ze committee. The resolution was % n mot Ion adopted.
 Houston Case Taken Up.
 kr a short recess the contest of A. Crawford vs. George Leslie from 1, klston county, was taken up, Crawford : /ntesting the nomination for probate Judge. It was charged that Leslie had printed and distributed q large number of tickets marked with his name. It was charged that these tickets were voted, and that they were distinguishable from the regular ticket only by indelible pencil marks.
 The answer goes to show that no evl- dence of illegality was presented, nor was there anything to indicate that Les lie had gotten the nomination by any way other than as an expression of the will of the voters of the county.
 Judge Terry Richardson for Contestant Crawford offered an amendment to the showing made to the effect that Craw- ford had given notice that certain boxes were open and that boxes of ten beats were taken from tbs office of Chairman Farmer of the ee-nty committee and the ballots destrov.1. It was contended that these balloss were destroyed the night after the contest was filed.
 Pr, sests Against Amendment.
 Jo..h " Smith for the contestee. pro- tes.etd against the ming of the amend l4ent at this time w. H. Sanford sug- gested that the amendment was out of order as the case was up simply on a question of demurrer and to determine whether or not 1t shall be sent back to the committee to retry This being the information of the chair, he so ruled, and asked if he was wrong would some gen. tleman not inform him.
 Mir. Smith said his client was ready for discussion of the question of demur- rers.
 R. IT. Walker of Dothan for Crawford argued that the demurrers were general in character. He read from authority that the demurrers are not well taken. He argued that the relief sought was based on fraud, which is not demurable He also read from the primary election law to show that violation of 1t was as punishable as any other law; also showing how names are placed on the ballots. From the general election law he read of the law as to ballots, printed and distributed by law.
 Should Be Carried Out.
 He said the principle of majority rule should be carried out The other side admitted that ballots sent out by Leslie were voted and that if they had not beer voted the result might have been differ, ent It is admitted that Leslie circulated the illegal ballots.
 R. D. Crawford for Leslie, said that ths sole charge made was that Leslie sent out ballots He read the law to the effect that under the primary law the provision of the general law shall not apply 1T primary election as to ballots. The onl, thing for the conn ittee to pass on Is th' distribution of these tickets by Lesli, and the legality thereoI. He showed tha' the primary election r gulations of Hous HAAe@N NA(%~C should express the choice of the voter.
 Followed By Richardson.
 MT. Crawford was fonowed by Judge Terry Richardson for the contestant, wht said that the contestee came up with ad mitted acts that methods and means moi regular had been employed. He hoped the time would come when the democrat ic party is as pure as the Baptist, thu Methodist or the Episcopal church. H' said while night was over the world ''w' find him n an uppe- office marking 300 ballots to mislead the voters" The law means, he said, that you shall not hx ballot outside the voting place and at tempt to influence the voters by it. If h. had fixed oanots for only one beat thel would have had to contest that one peat but when 1t is all over the county thu wrong Is general.
 John V. Smith, for the contestee, reat the law governing contests. Fraud or part of officers of elections was one. N fraud is shown by the other side. It wal also shown that no legal vote was re fused, nor was there any effort to bribe The sole question at issue is whether o not votes cast in the election are legal The state committee decided not to talk charge of means of primaries by the coun ty and that each county shall fix 1t own machinery.
 The county executive committee o Houston provided for the election, ant securing of tickets. If the ticket clearl. indicates the choice of the elector 1t shal be counted. If the committee of Houston county had the right to make this ruling then the eontestee Is right, if not thel the contestant is correct.
 General Oates Speaks.
 Gen. William c. oats, ex-governor ant ex-congressman, spoke for Crawford. H said the county committee assisted al candidates to print these ballots and sent them out, but that committee authorizes Leslie to print 5000 of these ballots ant send them out. It Is true there was mucl liberty allowed the county, but 1t was t keep out irregularity. These were demo cratic ballots when the committee pre- scribed them.
 These others may have been legal bal lots, but they were not democratic bal lots. This provision of the law, that can didates shall not prepare the ballots cal not be gainsafd. When Leslie marked ballots and sent them out, was 1t no calculated to 1nislead voters? It woul, be a bad precedent. Why was 1t, If ther was no undue advantage. that Lesli paid his assessment for printing tickets and then went and had 5000 more printe' and marked opposite Leslie's name. l was piece of trickery. and wrong, con cluded General Oats.
 Motion to Discuss.
 MT. Eyster here offered a resolution that the demurrers be sustained and tn contest of Crawford vs. Leslie be dis missed.
 MT. Mullins wanted to know of all mat ters before the Houston committee wer heard at this session of the state commit ..e |