The Montgomery advertiser., 1904-09-13
snd there Is not now . committee tr that division.
 some Action Prayed For.
tcontinued from Page s.>

snd there Is not now committee tn that division.
 Finally. the petitioner, Mir. Oliver. prayed that the action of the so-calted chancery Committee be set aside and vacated. and that the Com rmittee order a primary in tae Chancery Division. or do such other things as might seem pest for the interest of the Democratic party.
 The answer of Mr. Oliver was read by his leading counsel Hon. H. Ceoi, Browne. of Talladsga- MT. Browne saul that as W. P. Acker had been mace 2 party to the contest he would tirs' read the answer of MT. Acker.
 In his answer MT. Acker snoweu that he yves elected chairman or 'ne chancery committee at Anniston February 1904 to succeed J. L. burnet., He acted as chairman after the Apri, primary. He admitted that ne hao failed to find a list of the oommit.ee- men selected by the State conven.ion sand after the death of the nominee E sought to obtain the names or the oio committeeman and they were called to meet at Anniston when the responaeht' MT. Acker. was again elected cnairman of the committeee. A copy or the cail for the committee meeting Tn AhhisIon for SeDtemDeT lSS Woo S~"S nerson who claimed to be a member oi inc committee. He denied that he had acted arbitrarily in seating committee man those members being seated. In whose favor the preptnderance or evi- dence rested from the best sources oi evidence he had been able to command He denied that the. regularity of the committee was questioned by the can- didates until the committee was or ganized and that committee acted in bad faith. and averred that the regn- larity of the committee was recognized until MT. Oliver found that he could not get the nomination. He als" averred that the committee had the right to name the nominee. He also averred that if three friends of MT. Oliver had not withdrawn from the committee meeting 1t was probapie the nomination of Mir. Oliver would have been secured. MT. Acker denied in his answer that the State convent ton failed to select Q conmittee Tor the chancery division but that com mitteemen were selected for a numper of counties and that 1t was agreed that the old committeeman in the other counties werc to hold over; and that these committeeman received copy of the call for the Anniston meeting of September 1st
 Minutes of Meeting.
 The answer of Mir. Acker was accom- panied by a copy of the minutes of the meeting at which MT. Whiteside was nominated which were read by MT. Browne.
 The answer of MT. Whiteside was next read by Mir Browne. It was a general denial of the allegations of Mir Oliver. He showed that it was custo- mary to recognize proxies In chancery committees; that MT. Oliver having acknowledged the Jurisdiction of the chancery committee was estopped from pleading the lack of Jurisdiction; that the allegations of MT. Oliver that the committee should have nominated him as the highest candidate was an admts- sion that the. committee had 1urisd1c- ton; that there was no rule. or regula- ton provided by the committee for pri- maries to select candidates upon the death of nominees.
 Finally MT. Whiteside prayed that the petition of MT. Oliver be dis. missed.
 Mir. Browne completed the reading of his answers. at 1915 o'clock. ,s
 MT. Nathan at this point moved that the committee adjourn until 10 o'clock this morning.
 An Adjournment Wanted.
 MT. Sanford ana MT. Merrlll or fsir- bour, announced that they would be compelled to leave the city early this morning, adding that the quorum might be broken.
 Mir. Nathan thereupon moved that the time of the lawyers be reduced to forty minutes to each side instead cf an hour as previously agreed upon.
 MT. Eyster said that this vas a short time and the lawyers would not be able to do justice to their clients He therefore moved to lay the motion on the table which motion was adopted.
 Probate Judge A. J. Driver of Chambers county was then introduced as witness and was examined by General G. P. Harrison of counsel for MT. Oliver. He testified that he was a delegate to the last State Conven- ton and that no committeeman were elected for the Northeastern Chancery Division.
 General Harrison asked Judge Dri- yer if he was at the Anniston meet. ing of September 1st, and if he heard any member of the alleged committed express his choice for Chancellor which tended to show a combination to select any particular candidate.
 MT. Browne objected to the question and after some parleying the objection was overruled.
 Judge Driver testified tfalt Mr. Johnson of Tallapoosa, had said after