The Montgomery advertiser., 1904-09-13
STATE COMMITTEE SUSTAINSs
 COUNTY COMMITTEES ACTION

lreceived letters from Messrs. Whitson, Herring and Given explaining why they were unable to attend the meet ing. MT. Given announced that he would reach the city on asnight train. l. The subcommittee on order. of bus iness. submitted its report through its Chairman W. H. Sanford.
 l The report was as follows: we your Committee ton Order of Business report as follows: | First-That the State Executive Committee decide whether or not 1t has Jurisdiction to hear and determine the several appeals now on with the committee. .'s l..et
 second-shouid the committee take Jurisdiction then we recommend that the appeal from Houston County be first heard and that each side in this contest be allowed thirty minutes to presnt and argues its side. Third-should the committee take jurisdiction then we, recommend that the appeal from Perry County be next heard and that each. side in the con- test be allowed forty-five minutes to present and argus said case. Fourth-Should the committee take Jurisdiction, then we recommend that the appeal from the Northeastern Chancery Division be heard and that each side be allowed one hour to pre- sent its case.
 Fffth--we then recommend the con- sideration of the appeals by the com mittee.
 W. H. Sanford. o. II. Merrill Jones Moore. The report of the committee was im- mediately adopted without discussion. Committee Takes up Appeala. T move now" said Mir. Sanford that this committee take up the ap- peals which have been filed. I do this to put this question sauarely before 1 the committee" ~ This was the meat of the whole meeting. The future proceedings of the State Committee. the future of tho Democratic party in Alabama, in a measure depended on the settlement, of the question. Y
 Should the State Committe decide that under the general primary law that 1t had no right to consider any appeal from a county Ncommfttee or should 1t as 1t had in the past exercise supervisory powers over sub-commit- tees? It was a vital question had before 1t wor adjudificatfon. The side which represented the varying inter- ests stake lined up for the fight Thomas E. Knight, attorney for the contestant from Perr county. opened the fight for those who were opposed to going into the contests. Mir. Knight established himself behind a rampant of authoratives from which he bonn barded the committee with argument. MT. Knight was in action less than ten minutes. He spoke quickly and clearly and his arguments were com pact.
 MT. Knight Opens Fight
 The legislature of Alabama" said MT Knight has passed a primary law, a primary law which was designed to bring order out of chaos. I call your attention to this primary law, enacted by Democratic legislature. It makes the Jurisdiction of a county committee absolute and final"
 To sustain this contention. MT. Knight read from the law the para graph which referred to the powers of the County Committees. He then read from the English American Encyclo- paedia of law to support his position.
 These authorities show you. gentle. men," he continued. that you are pow erless to, take up this matter. When the Executive Committee of Perry County settled the question raised by this contest. it settled 1t for once and all."
 Edward A. deGraffenreid ., spoke for the contestant who wanted to go into the case. The array of books behind which MT. deGraffenreid spoke were, if anything. more formidable than the ramparts behind which MT. Knight had established himself. Mir. deGraffenreid submitted that all law should be read Tn the light of custom and methods. when the primary law was being dis cussed, It should be considered what the former customs of the party were in such cases. He found under the ex- press provisions of the law that the state Committee had the right to define ana nx the qualifications of voters. "If this committee has the right to fix the qualifications of Voters" declared MT. deGranenreid. and, more than that, to dictate to the County Committees what qualifications they shall fix 1t certainly has the right to entertain an appeal from a County Committee"
 'To show the absurdity of the con tention of my friend over there, SUD. pose the County Committee of Perry County should provide that minors could vote in an election. Would he dare tell this committee that 1t had no right to overrule any such action?"
 MT. de Graffenreid argued that stat utes in derogation of the common law should be strictly construed. He con tended that the argument of his oppo- nents amounted in effect to the conter- tion that the County Committees could override the State Committee. He de- clared that the State Committee could go further than the investigation of an act by the County Committee and do anything that was not expressly forbid den by the law.
 The Right Of Appeal.
 J. F. Thompson of Bibb, a friend and ally of Mir. Knight. In sustaining the contestees. declared that the entire ar gument of MT. deGrarfenreid was based upon the hypothetical case that some County Committee would permit a boy under 21 years of age to vote The powers of the committee, Mir. Thompson declared, were contained in statutory provisions. The committee had entered upon a new era. The Legislature had undertaken to regulate primary cleo tlons and had laid down a law for that purpose, which would necessarily re- duire some departures in the business UT the committee. A new phrase of party life had been entered into and new conditions should be met, He de- clareo mat If candidate had been wronSed the primary law had opened the doors of the court where he would secure redress.
 He can go into the courts" said Al, Thompson. and compel justice of thoaa
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