The Montgomery advertiser., 1904-09-13


 man of Calhoun County had proxies in the committee meeting at winch Mir. Whiteside was nominated. Mir. White side is citizen of Calhoun county.
 The witness. Mir. Acker. went over the list Of committeeman present at the list of committeeman pfesent al were new members.
 Hon. L. F. Greer, of Calhoun was called. Mir. Greer. who was a nembey of the Hast. Constitutional Convention, testified that he was a member of the chancery committee for Calhoun coun- ty and recited the atcion of the com mittee in nominating Mir. whiteside MT. Greer was chairman on credentials of the committee meeting. The only protests of his committee were from Lee. Etowah and Tallapoosa Counties The members seated. were Mir. Wilson of Lee who had the proxy of Mir. Wat. kins. MT. Johnson of Tallapoosa and Mir. Davis of Etowah. Mir. Greer said he did not enter into any combination to secure the nomination of any one.
 Mr. Oliver. the contestant, was In. troduced as a witness by his counsel MT. Oliver said he did not recognise the authority of the committee to make a nomination.
 The witness was asked by MT Browne and answered several ques. tions concerning his solicitation of the support of several members of ths the meeting and said that ten of them the best Information he had was that there was no Democratic committee fol his chancery division.
 This completed the testimony al l2;05 o'clock and Mir. Sanford moved that the previous action of the com fnittee be reoonsidered and that the lawyers be allowed forty minutes on each side for argument. The motion was adopted.
 General Harrison Speaks.
 At 12:10 o'clock General c. P. Harri- son. of counsel for MT. Oliver, began his argument. General Harrison opened his argument by reading q resolution of the State Committee by which the power of the State Commit tee was delegated to a campaign com mittee and that the campaign com mittee had provided that the chancel- lors and other officers should be nomi- mated by primary. This was the law of the party. he said.
 General Harrison argued that nc subordinate committee should nomi- nate candidate by seven votes out of sixteen and to ignore the State Com mittee. Even If 1t had been regularly done General Harrison said the action was undemocratic, improper and op. posed to the interest of the Democratic Party.
 Hastily General Harrison reviewed the evidence showing that there was no committee of the chancery division and yet crowd of men gathered al Anniston and without a quorum nomi- mated MT. whiteside.
 General Harrison. in closing. spoke for the Democratic party. He said the voice of the people demanded pri. maries. He appealed to the commit tee not to let a few men, however hon. estly, but erroneously. take from the people their sovereign right He said such conduct would have a tendency to disrupt the Democratic Party was needed.
 The Case for Mir. whiteside.
 MT. Browne followed General Har- rison. He cited instances where the State Committee had made nominations The State Committee, he said. had even taken down a candidate and put up another. He said the Committee had gone on record as opposed to second primaries.
 If MT. Oils CT was so anxious for a primary, MT. Browne asked, why did he not call on the State Committee to order a primary.
 He showed that the Committee of Cullman County had recently filled a vacancy on the Democratic ticket be- cause of death after carefully inquir- ing into its power. and there had been no complaint
 MT. Browne denied that MT. Oliver was the second choice of the Democrats of the Chancery Division. He said that MT. Oliver had not boiled more than onefourth of the votes in the April primary. It was fact. he said, that MT. Oliver had boiled 1000 votes more than MT. Whiteside. but MT. whiteside had carried more counties than Mir. Oliver.
 Judge Driver of Chambers County a friend of MT. Oliver, tried to inter rupt MT. Browne to ask him a question.
 Mir. Browne refused to be Interrupted if it was to be taken out of his time, and Judge Driver alluded to MT. Browne as "a paid attorney"
 T am an attorney. but not a paid attorney in this case" exclaimed Mir. Browne, T am here without fee and I paid my own railroad fare"
 That's good" said Judge Driver with a sheer.
 Tt matters not whether you are paid or not, proceed. MT. Browne" quietly interposed Chairman Mallory.
 What the Committee Believed.
 MT. Browne said he felt sorry for the State Committeeman who believed that Mir. Whiteside. or Mir Thorson lied on the witness stand. and yet they either deliberately falsifled or an announce ment was. made from the stage of the State Convention and a chancery con vention was held. at which the counties selected members of the Chancery Com mittee.
 was reviewed by MT. Browne. He said 1t was the action of a full committee, except MT. Peters of Shelby. and was