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

lution of MT. Eyster, providing for the carried
 The chairman wished to advise that in ali future elections only those ballots provided by the county committee be used. He hoped the committee would see effect.
 At this junture short recess was taken.
 The Perry County Cases.
 The cases from Perry county Of A IL. slNdh eontesting the nomination oI IL. D. howell for tax assessor and k. Il. Evans cohlestlng the nomination of ". T. liar ITS Tor circuit clerk were both taken up' IL was epntended five ballots were cast one day and counted the next, and thai lney stayed one night in place Nhels they might have been easily reached ana tnat live boxes were not located at all'
 A. Il. Givan was called to the stand. lie said it would have been easy lo nave reached the boxes as the locks on them could be opened with a wire
 John Todd, local locksmith showed now the lock could be opened easily, wlth even a hair pin. Chairman Christian or the county committee said he had charge Of the boxes and they could not have been tampered with.
 Arguments Are Made.
 Arguments for the contestants were made by Judge J. H. Stewart who as- sented that five ballots in certain beats were not numbered and five inspectors in some cases adjourned the sitting one mght leaving the counting for the next day which Is clearly in violation of law. Thomas E. Knight. for the contestees read the law and opinion to show that no violation of regulation could vitiate an election if 1t were not shown that the men declared elected received fewer legal votes than the other candidates.
 The vote on the Perry county cases sus- tained the nominations of E. E. Howell for tax assessor and W. T. Harris for circuit clerk.
 Contest for Chancellor.
 The contest of E. NJ Oliver of Cham bers against w. w. Whiteside of Annis- ton, nominee for chancellor of the north eastern division was presented by R. B Barnes.
 Gen. George P. Harrison and T. D. San. ford of Opelika and Cecil Brown of Tal- ladega spoke for Whiteside. The contestant averred that the com mittee had no power to nominate anC that the committee took illegal action. These allegations were denied by tht contestee.
 Drivers on Stand.
 The Oliver people put Judge A. J Driver of Chambers on the stand to prov, that there had been an agreement be tween Whitesides and Chancellor Kelley J. T. Hefiin of Chambers was presented to repeat that he had said that the com mittee should have nominated Aliver anS called a primary.
 T. D. Stanford said he knew of nt meeting of delegates from the northeast ern chancery division at the meeting o the state convention.
 W. W. Whitesides, nominated fo l chancellor by the committee, said tn notice for meeting of the committee O the northeastern chancery division wa made at the state convention in May H said he did not enter into combination with Kelley or anybody eIse, nor did h. 1 know of any combination. l s. A. Thompson of Chiffon was at meeting of the chancery committee a the state convention and was elected member of the committee from hi l county.
 | J. J. McElreath of Calhoun was at tn | state convention and heard a call for meeting of the division committed als that L. F. Greer was named from hi 1 county.
 W. P. Acker, chairman of the commit I tee, said that John L. Burnett cease, to be chairman of the chancery commit tee in 1904. at meeting called to nomi nate a chancellor. He held proxy a that meeting and thought the committe had always recognized proxies no mat ter from what counties. Int committe met April 1 to certify the returns of tn primary of April 12. He called the com mittee for September 1 to nominate successor to MT. Gillian, deceased. H found no list of any committee name, at the state committee meeting, an' wrote letters to each county to determin who was on the committee.