davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-09-13

Legislature. He had been under the impression that the Legislature had taken the party affairs away from the Committee and placed them In the
 Court House. It was really a relief to enough foresight to leave the Commit
 tee to settle party questions that might come up.
 Committees Appellate Powers. A. H. Merrill of Barbour County of
 fered the following resolution: Tt Is hereby declared that this com powers over the action of county and
 ic Party and that it proceeded to hear and determine the appeals now pending
 before the Committee"
 dissenting vote. If any member of the
 voice to his opposition by voting against 1t.
 The main question at issue having been settled the committee took a
 breathing spell of five minutes. In accordance with the order of bus. mess previously adopted the commit
 tee first took up the contest from Houston county.
 In this case A. c. Crawford contested
 the nomination of George Leslie for
 probate judge. The contest was based
 upon the contention that Judge Leslie who is the incumbent. had had print.
 ed three thousand ballots exactly sim-
 liar to the official ballots and after
 marking them with cross mark with
The Montgomery advertiser., 1904-09-13

declared that there had been no such thing as an official ballot.
 He quoted from the proceedings of the Houston County Committee to show that 1t had been expressly de- clared that any ballot should be legal on which the voter had made clear his choice He might have written that choice on a scrap of paper. The cross mark before the name alone made the ballot legal. It had not been shown that any ballot had been cast except as the voter intended to cast it.
 He quoted a section of the general law which said that the regulations in reference to an official ballot should not apply to a primary. In concluding Mir. Crawford said: The primary election has been held and the result ascertained The sole thing before tho committee is to say whether the action of Judge Leslie annulled the result of that election.
 Judge Terry Richardson spoke for the contestant. A. c. Crawford. He deplored the appearance of fraud and triokery at this time when the supreme effort of the Democracy of Alabama had been to secure fair elections. He deplored the resorting to questionable means and methods.
 "For a quarter of a century" he said i've did not scruple to count out the odoriferous sons of Ham, but we never countenanced the defraudinK of A white man. Now they come before this committee and ask your endorse ment of chicanery by the highest elec-- tive officer of the county. Now, gen tlemen. you just let the Populistic. So- cialistic. Republican. Herniaphrodistic brethren get hold of thing like this and you know how hastily they win use 1t. You have got 'em strong ur in your county. Mr. Mullins. and you
The Montgomery advertiser., 1904-09-13

heat We're illegal. He read the law 10 show that the Inspectors should nave been guided by their printed tnstruc- lions. They had seen fit to disregard these printed instructions.
 Argument of MT. Knight. At the conclusion of Judge Stewarts remarks T. w. Knight of Greensboro argued the case for the contes.ees E Howell. nominee for Tax Assessor and w, T. Harris. nominee for Circuit Clerk of Perry County. agreeing 10 sneak twenty-five minutes. speakine without manuscript, MT. Knirht elucidated the primary and gem eral laws of the State, saying that s was presumed the committee would be guided by these laws. He said that the committee surely would not vitiate nomination because of the declaration that certain precincts of Perry County had conducted the election improperly. MT. Knight said the policy of the law
 was to protect the voter In his ballot
 and not to have 1t fnterfered with by
 the misconduct of managers Of voting
 nIaces. He showed that the Supreme
 Court of Alabama had supported this contention by decisions.
 At this point. Mir. Knight read at some length from Alabama reports or cases bearing on and supporting his arr gument.
 Treating faeturns Ruthlessly. With great emphasis, MT. Knight said that the contestants asked the commit tee to ruthlessiy rape the returns from thA soyereien voters of Radfordville precinct. because the inspectors had locked the ballot box in a room and had gone home for the night. There may have been irregularities. Mfr. Knight said, there were irregularities, but tho Irregularities of the inspectors should not deprive the voters of the beat or their sovereign right!
 MT. Knight concluded at $50 o'clock, and J. F. Thompson. associate counsel | with Mir. Knight. resumed the argument | for the contestee.
 Mir. Thompson, arguing that the pri- mary result could not be vitiated. de- cIared that the contest was nothing but the dying wall of a dying man" fIe characterized the contest as an ef- | fort to get the committee to do what | the voters of Perry County would not | do, saying that what the voters of Perry County did for Givhan and Har- ris was "a plenty to last them for a | lifetime"
 Carpet Bag Reports. | As he began reading from Supreme | Court reports the attention of MT |. Thompson was called by Mir. Reese of counsel for the contestants that he was
 reading "carpet bag reports" which | were not used with authority.
 They may be carpet bag reports" re- torted Mir. Thompson. but there iB
 good law. and the gentleman will be
 given an opportunity to speak,"
The Montgomery advertiser., 1904-09-13
that his clients had been defrauded.
 Regulation of Elections.

In6I ms clIenLS naQ been Q61fauQeO.
 Regulation of Elections.
 In closing Mir. Reese argued that the committee had the right and 1t was its duty to regulate elections and in- sist upon their fairness
 You can't make rules for the eoun- ties and other rules for the State" Mir. Reese went on. Birds will come home to roost. You gentlemen from other counties may be led into temp tation and this committee should regu- late you. One distinguished gentleman here who sits in front of me (w. H. . Sanford of Troy.) may some pme want to be governor and the cry might come to him directory. directory" This was a reference to Mir. Knights argument that election instructions were directory.
 At the reference to -ir. Samford's aspiration there was laughter and cries of "Hurrah for Sanford At the conclusion of MT. Reese's re- marks MT. Nathan of Colbert sent up this resolutions:
 Resolved, that this committee here- | by ratifies and confirms the action of l the Perry County committeee in de- claring W. T. Harris. the nominee for | the office of Circuit Clerk and E, E. Howell as the nominee for Tax Assessor of Perry County.
 | W. E. Christian the member of the committee from Perry County sent ur a substitute. naming R. H. Evans fol Circuit Clerk and A. H. Givhan for Ta1 Assessor. a. Mir. Nathan moved to table the sub. stitute and the motion was adopted by rising vote of thirteen to six.
 J. c. Eyster of Decatur. appealed ts the committee not to act hastily on [
The Montgomery advertiser., 1904-09-13

who have defrauded him. And want to say right here that no court can have appellate Jurisdiction unless 1t Is expressly conferred by the statutes. The gentleman on the other side refers to the common law. He knows that when there Is the right of appeal in the com mon law 1t is expressly given. The gentleman says that he will not take up the time of the comrsittee in reading authorities. You know that we lawyers have got in the habit of saying that when we have no authorities to read. If this committee was going to disre : gard the primary law why was the call issued stating that the primary would be held in accordance with the primary law"
 Mir. Thompson argued that the proper tribunal for the hearing of these con tests were the County Committees whose members were more familiar with local conditions
 'In contested elections brought be- fore court of law is there not right of appoalT" asked Chairman Mallory.
 "Yes there is a right of apeal fin such cases. The right of appeal is express ly given by the statutes" replied MT. Thompson.
 Judge Terry Richardson who appear ed as attorney for A. c. Crawford. con- testant from Houston County, took the
The Montgomery advertiser., 1904-09-13
BUILDING FOOD.
To Bring the Babies Around,

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 My little baby boy fifteen months old had pneumonia. then came brain fever, and no sooner had he got over these than he began to cut teeth and, being so weak. he was Frequently thrown into convulsions." says a Colorado mother.
 T decided a change might help, so took him to Kansas City for a visit When we got there he was so very weak when he would cry he would sink away and seemed like he would die.
 When reached my sisters home sh a said immediately that we must feed him Grape-Nuts. and. although I had never used the food. we got some and for a few days gave him just the juice of Grape Nuts and milk. He got stronger so quickly We were soon feeding him the Grape Nuts itself and in a won- derfully short time he fattened right up and became strong and well.
 That showed me something worth knowing and. when later on my girl came. raised her on Grape Nuts and she Is strong healthy baby and has been. You will see from the little pho- tograph I send you what strong, chubby youngster the boy Is now, but he didn't look anything like that be- Tore We found this nourishing food. Srape-Nuts nourished him back to strength when he was so weak hc couldn't keep any other food on his stomach. Name given by Postum Co.,. Battle Creek, Mich.
 Al! children can be built to a more sturoy and healthy condition upon Srape-Nuts and cream. The food con talns the elements nature demands, rom which to make the soft gray fll- ing In the nerve centres and brain. A well brain and strong, sturdy nerves absolutely insure a healthy body.
 Look in each pkg. for the famous li.- tie book, The Road to WeiiviIIa."
The Montgomery advertiser., 1904-09-13

matter that involved SO much impoH tance to the Democratic party. He said that himself and others desired to hear 1t discussed by Chairman Mallory
 Does any other gentleman desire Co discuss the resolution" asked Chairman Mallory. but no one responded.
 Mfr. Nathan moved the previous queS- ton and it was ordered.
 By rising vote of twelve to five the resolution of Mir. Nathan sustaining the action of tho Perry County com- mittee was adopted.
 The committee then at 7:45 o'clock recessed until S:45 o'clock. M
 The Chancery Contest.
 The Committee found some trouble in securing a quorum for the meeting at night. Messrs. Moore. King, Carter and Coker were absent. and the Committee waited for them. .
 mffteeman c. Brooks Smith to go in search of the delinquent members. Com-l mitteeman Dave White wanted to go with MT. Smith, but Committeeman Meiss good naturediy objected Com- mitteeman Joe Nathan asked permis- sion to accompany Mir. Smith. but Chairman Mallory said he preferred to, allow but one member to leave tho room.
 At this 1uncture Committeeman Car-f ter came into the room and the, Comp mittee was ready to go to work.
 The unfinished business Of the. Com- mittee was the contest for the nomina- ton of Chancellor for the Northwest-s ern. Chancery Division. This contest was taken up at 9:10 o'clock, when R. B. Barnes of Opelika, of counsel for E. M. Oliver, read his petition that the nomination of w. w. Whiteside was ire regular This petition recited the hte. tory of the election in the division by which H J. Gillian was nominated by a few hundred votes over Mir. Oliver, ofl Mir. Gillam's subsequent death, of the convention presided over by w. P.d Acker in Anniston, which resulted in the declining of Mir. Whiteside as thel nominee. which Mir. Oliver claimed was not regular It was shown that nl large number of proxies were held inl the committee meeting. It was shown that MT. Whiteside received seven votes out of the sixteen, and that M-.l Divers name was not presented to the convention It was contended that the, meeting was not the Democratic Com-i mittee of the Chancery Division, and that its action was null and void, andi the meeting was organized for the ex-l press purpose of nominating MT. Whites side for Chancellor. The petition cons tended that MT. Oliver. having run sec-I ond to Mir. Gillam in the primary of, April II, should have been named ass the nominee and not Mir whiteside. It was further shown that the State Convention failed to elect a committee for the Northeastern Chancery Division,
 (Continued on Page 7.)
The Montgomery advertiser., 1904-09-13

Crawford the contestant opened the argument.
 Before he began speaking. however, Judge Richardson asked permission to file an amendment to the contestants case. The amendment set forth that MT. Crawford had announced his in- tention of contesting the election; the
 boxes containing the ballots from Cot tonwood, Cosby's and seven other
 beats all of which were strong Craw-
 ford beats had been stolen from the
 office of B. c. Framer and destroyed.
 John V. Smith. attorney for Judge Leslie. protested against The filing of
 the amendment at that time when his
 side had neither seen nor heard of it
 until that moment.
 Chairman Mallory ruled that the amendment was Nut of order. The
 committee. he said. was trying the case on the demurrer and not on the facts in the case.
 MT. Walker in beginning his argu- ment, quoted from the general and pri- mary law, to show that his client was we'll within his rights in institutine his contests. The petition which had been submitted to the county commit tee was based on fraud and it was not therefore debatable.
 The Fundamental principle of the Democratic Party was the rule of the majority. The action of Judge Leslie and his friends in Houston County had been an attempt to break down this | fundamental principle.
 They admit here" said Mir. Walker, that MT. Leslie was the instigator and the gettfr up of these illegal ballots. | We appeal to you in the interest of
 fair elections to send this matter back 1 to the county committee" | R. D. Crawford of Dothan spoke for
 the contestee, Judge Leslie. At this.
 stage of the proceedings" said Mir ] Crawford. i've admit nothing and we | deny nothing"
 No Illegality Charged. l The sole charge the contestant
 brought, MT. Crawford argued, was
 that Judge Leslie had sent out for the guidance of voters ballots which were
 unofficial and which had been marked.
 He did not charge that there had been
 a semblance of fraud. MT. Crawford
The Montgomery advertiser., 1904-09-13

T merely desired to say interposed Mir. Reese quietly. s'that Iwould refer to 1t in my argument.
 Mir Thompson continued his argu. ment, referring to the testimony. He said the people in the community ot Radfordville and other beats did not raise this objection.
 Decision of County Committee.
 Questioned by MT. Sanford of the committee. MT. Thompson said that the County Committee had decided in favor of his clients practically unanimous. Fourteen members of the committee were present Twelve voted for his clients, one declined to vote and one voted against his client.
 f Concluding his argument. MT. Thomp- Dn said that they rested their cause with the white voters of Perry County and they won. His opponents were not willing to send 1t back to. the voters of Perry County. All he and his clients desired was fair play and they had con- hdence of getting 1t.
 At 7:i0 o'clock after the committee had refused to recess for supper. Hon. H. F. Reese of Selma. began his argu- ment for the contestants.
 He dwelt upon the responsibility of the committee and the Democratic par- ty The dreams of the white men of Alabama had at least been realized and the white people now controlled the State. Leading up to the 'carpetbae re- ports" read by Mr. Thompson. he said the party who dominated the Supreme Court when that opinion was rendered, was the same party that had passed a law allowing a man to vote at any place in the State. <
 And the reports of that court" said MT. Reese have never been referred to by any decent court in this State" old Election Methods.
 Mir. Reese declared that the election in certain precincts of Perry County were conducted just as elections were conducted In Alabama before the eleo- ton system was purified by the new Constitution. Opposing counsel he Said, had talked a great deal about ir- regularity. They did not discuss the regularity There seemed to have been little regularity in some of the pre- cincts. He said the ballots had not been numbered. according to law. and he contended that every ballot which they failed number was not legal bal- lot under the laws of this State. MT. Reese showed that owing to con. ditions the policy of the election laws in Alabama had been diametricaiiy changed. The object of the Sayre law was to have no knowledge of the bal lots after they had been cast The ob- ject of the present law was to secure the fairest and most public method of ascertaining the regularity of elections. He argued that the election in cer- tain beats of Perry County had been conducted under the old system and
The Montgomery advertiser., 1904-09-13

an indslible pencil opposite his own name had scattered them all over the county. It was contended that a num- Der of these ballots had been voted. There were some minor contentious in the information filed before the com mittee but they were eliminated and the light was fought on the unoficiai ballots.
 The papers in the case were read by Temporary Secretary McGauly The complaint of Mir. Crawford went on to state that Judge Leslie taking sdvarl- tage of his official position had print ed 5000 ballots exactly like the of1cial ballot and that after he had naked them opposite his name with an indei- ible pencil he had distributed them among the voters. It was contended that this was an illegal action and had made the election illegal |,
 The Unofncial Ballots.
 The demurrer to the Information was then read. This demurrer de- clared that the Information had failed to show that any illegal ballot had been cast and 1t had failed to show that ballots marked as alleged had been cast. This information 1t was charged failed to show that there had been any violation of the primary law. It was pointed out that the primary law did not forbid such action as Judge Leslie had taken.
The Montgomery advertiser., 1904-09-13

returns were not sent in by the proper returning of1cer. Under the circum-
 stances 1t was argued that 1t wes im- possible to determine whether the bal-
 lots were accurate. It was further ale legged that the ballots cast in that eiec-
 tion had never been brought Into the County Committee. It was further ale legged that the box was kept over night in house into which access might have been had had any one desired to get to the ballots. Irregularities were also charged at Brushy Crack beat in the conduct. of the primary election. Thomas E. Knight read the answsr to tho contestants. The answer de- clared that the complaint failed to show that any fraud was committed. It failed to show that legal plurality was not cast for the nominees as de- clared by the committees. It was fur ther alleged that the contestants had failed to set forth any statutory grounds to overrule the election The eontestees denied that any illegal votes were cast or that any legal votes were withheld from the contestants.
 Mir. de Graffenreid, speaking for the contestants. declared that the conduct of the primary in several beats of the county had been marked by great ir- regularities. In Radsfordvilie beat the managers had not numbered the ballots and had gone off, leaving the ballots uncounted in a~ house. In Pine Tuclxey beat the ballots<aad not been returned by the proper ofhcials. In Bushy Creek beat the ballots had not been properly returned. In Heard's Beat only one box was used. into which both county and State tickets were placed.
 Witnesses are Examined. MT, Givhan. one of the contestants, was called to the stand. He was shown the lock which was on the Radsford- ville box when 1t was returned. It was a different lock from the one which was on the box during the day of the election. The lock was . cheap and common lock which could be opened with . wire.
 John Todd of Montgomery. next took the stand. Tn reply to question he handed the lock which was on the box and said that 1t could be easily opened. To show how easily 1t could be opened he took piece of wire from his pocket and unlocked t. He said that 1t could be unlocked as easily with hair pin.
 Chairman J. B. Christian of the Per ry County Executive Committee, and who is also a member of the State Committee, was called to the stand. He merely testified as to the sending out of the boxes and the reception of the boxes in question. In reply to ques- ton he said that he supported Givhan and Evins.
 MT. Harris. one of the contestees. was called to the stand. but his attorneys decided that they did not need any tes- timony.
 Judge J. H. Stewart. attorney for the contestants. then opened the argument. In the filing of the complaint he ar- gued the law of contestation had been complied with. Illegal votes had been given the contestees. He contended that all the votes cast in Radsfordville
The Montgomery advertiser., 1904-09-13
IT IS A PARASITE.
That Causes Itching Scalp, DandrufH,
 and Finally, Falling Hair.

and Finally, Falling Hair.
 The itching scalp. the falling hair and the dandruff that annoys are the work of parasite hidden In the scalp That para site must be killed to cure dan drum; and the only preparation that will do that is Newbro's Herpicide. "De- stroy the cause, you remove the et- feet"
 c. IT. Reed of Victor, Idaho. says: Myself and wife had dandrufY and fall ing hair several years. Two bottles of Newbro's Herpicide completely cured us. after several other preparations had failed to do good" Makes hair grow glossy and soft as silk. Hundreds of other testimonials just as strong sold by leading druggists. Send loc In stamps for sample to The F7erptcide Go. Detroit. Mich. F. c. Fowler, Special Agent tu.
The Montgomery advertiser., 1904-09-13
SOZODONT
 TOOTH POWDER

and it's complement. SoZoDoNT Liquid. The Powder is slightly abrasive. Is abso- iutely free from grit and acid. and Is just the thing for those who have an inclination for the nieetiss of everyday life.
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The Montgomery advertiser., 1904-09-13
TARTAR IS ATARrAR

Soft. spongy, sensitive gum. result from tartar accumulation. It should be removed al once by your dentist and thereafter.pre- vented by the use of
The Montgomery advertiser., 1904-09-13
! rec
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The Montgomery advertiser., 1904-09-13

(continued from Page 1.)
The Montgomery advertiser., 1904-09-13
Drake s Palmetto Wine

Is also e natural medicine. It is a wonder- ful specific for constipation. iatuency and all dyspeptic troubles. It positively heals caAtrrk of nose. throat. stomach or bowels. It FreEu- lates perfectly the liver. kidneys and blad- der. For women 1t is a true God-send A tablespoon dose daily cures all those troubles. The wine has Q rich. appetising smack and nlucks You up instantly.
The Montgomery advertiser., 1904-09-13
INTERPRETATION.

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The Montgomery advertiser., 1904-09-13
MISCELLANEOUS.

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