The Montgomery advertiser., 1906-06-30

resented the will of the people, ana that the convention held by them should be regarded as the legal con vention, and the executive committee elected by them as the legally. elected committee.
 MT. Merrill. the Chairman of the committee elected by the regularly called convention, rested his defense upon the regularity of the convention and It's acts, as shown by the minutes of the meeting of the old executive committee, held on March 24. when the convention was called. and by the min utes of the convention itself. He aim- ed aiso,a in cross examining every witness produced by the other party, to draw forth a statement as to his attitude toward supporting the party nominees in case the State committee should decide against him.
 Members of Committee Present.
 The special session of the commit tee was called for 12 o'clock, but upon the calling of the roll at that time, 1t was discovered that only fifteen mem bers were in attendance. and recess of ten minutes was taken to permit Of the gathering of a quorum. At sec ond roll call the following members, constituting quorum. were found to be In the chamber:
 H. s. D. Mallory chairman. Dallas; W. A. Carter, Clarke; J J. King. Ma rengo; George ". Jones. Montgom- cry; J. R.. Porterfield, Butler; W. H. Sanford, Pike R. H. Arlington, Cof- fee; A. H. Merrill. Barbour; H. D. Mer- Till, Calhoun; Tipton Mullins, Chiffon; Carson C. whitson. Tailadega; Milo B. Abercrombie, Macon; George F. Sedberry, EImore: D. NJ. White. Coosa; Rufus O'Rear, Walker: George A Scar cy, Tuscaioosa A P. Smith, Greene: c. B. wimberiy, Pickens; Leon Q. McCord. Marshall: E. B. Almon, Col bert: and J. R. Christian, Perry. oth- CTS present as part of the committee were John C. Pugh of Jefferson. secre- tary of the body, and Pat McGauley. official stenographer.
 Statements of Factions. Upon the organization of the meet ing, Clerk John c. Pugh read the statements of Judge Hurst and Mir. Merrill in regard to the dispute. These outlined substantially the progress of the factionai struggle In ~Cleburne since the meeting of the county exec utive committee held March 24. At this meeting. the question of making nominations to county offices by prina- ry or convention Awas discussed, the committee hnally decided upon the convention method. and setting April 14 as the date for beat meetings and April Is as the date for the conven- tion.
 Charges of irregularfty in the man. ner of electing delegates to the con- vention at the beat meetings were made by Judge Hurst against the meet ings called by the executive commit tee in several of the beats. notably in Beats seven and eight. In these beats, meetings in addition to the reg ularIy called meetings were held, and separate delegations elected, who were in favor of the primary plan and op- posed to the couyention.
 When the convention was called, an attempt was made by Judge Hurst to introduce the subject of the primary. Failing to get what he considered 2 hearing, he led in revolt against the convention. and with those delegates who sided with him. held separate convention. As q consequence two ex- ecutive committees were named Mfr Merrill being chosen chairman of the one. and Judge Hurst of the other. Both chairmen claimed that the con- vention which elected them had a ma jority. of the total deelgation from the county.
 The State Executive Committee was to pass updn the merits of the respect i've claimsl It was decided to con- duct the proceedings of the meeting according to the custom of the courts, and Judge Hurst, as plaintiff. Intro dued his case
 As evidence, a number of ahldavits were presented from Democrats in the different beats Of the county. bearing upon the election of delegates to the convention. Mir. Merrill said that he would introduce only the minutes of the Executive Committee meeting of March 24, and of the April convention. At this point the Committee adjourned until 2 o'clock.
 Taking of Testimony
 The taking of tesrfmony was begun when the Committee reconvened' at the afternoon session. lasting until after 4 o'clock. Stating, by way of introduc- ton. that the gist of the issue lay in whether the delegates elected by the voters at the different beat meetings were legally chosen. Judge Hurst call ed as his first witness, F. R. Carlson, Mayor of Fruithurst.
 Mayor Carlson related the history nf the Heflin convention in April. which he attended as delegate. The temporary chairman at the meeting he said. was W. c. Porter. who was placed in the chair by W. B. Merrill. Judge Hurst arose and announced his dis satisfaction with the convention meth cd of choosing candidates, but was de- clared out of order by the chairman. the witness said. Thereupon. the Judge left the convention, accompanied by fifty or sixty of the delegates, and held another convention at the far thest end of the hall. At this latter convention, eight of the thirteen beats in the county were represented. An executive committee was elected with Judge Hurst chairman. and himself a member.
 Opening the cross examination, Chairman Merrill asked:
 Are you willing to abide by the de- cision of the State Executive Com mittee in settlement of this dispute and. in case of an adverse decision, 10 support the authorized candidatesf'' Mayor Carlson said he supposed he would have to.
 Haven't you said today that you would not?" persisted his questionsr
 "No. sir"
 "Dld you not say to Mir. Adams this morning, that you would notT
 The insiuuation was denied.
 The witness said ha was willing to support the state nominee of the par ty. but would not say he would sup port the nominees of the county con- vention.
 Mayor Carlson was also asked wheth- CT he and Judge Hurst had not con- spired in the event that they could not control the county convention. to lead a revolt. and whether in the conven- ton any effort had been made to con test the seats of any delegates. To both questions, he received negative answers.
 Who decided the membership of the county committee?" asked Mfr. Mer- Till.
 The State Committee
 Well, then, you will support the county nominees if they are approved by the State Committed"
 CT uVflI if fhara ia NrfrnarU