The Montgomery advertiser., 1906-10-04
MAJOR HARRIS
WINS CONTEST
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w ANO NVAN LIZ
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, Its the ef Snap q"
to be taken. and the Compton Harris
contest would then be heard; In this
cd each de for th was
pleadings and forty-five minutes for
the presentation Of it's case The re-
port was adopted.
torney for Contestant Higgins. while
per-. and nd"R r. +. GoodWyn Of Monteom-
Mr. Bowie in his opening address
succinctly stated the issues involved as
two-fold: first. could the County Execu-
tive Committee REQUIRE security for
subcommittee the right to hear the
evidence in a contest, instead Of hear
ing it in full committee?
sbs that no costs a could
fore no bond for costs could be re-
CURED. The section of law under which
the County Committee had sought to
apply to such contests as this.
1t was also argued. as being of the
utmost Importance, that the evidence
in the contest be heard by the entire
committee. as the smaller body would
be entirely unable to report the oral
EVIDENCE heard in the contest proceed
was vested by law In the County Com
mittee. and not in a subsidiary body
Mr.. Bankhead, In reply. urged that
It was necessary to follow. in every
of elections, and that it was as neces-
sary under that law to give security
for costs as to state the grounds of
contest. Every opportunity had been
given Mr. HuRRfnS TO file a bond
after the legal time had expired. there
being no desire to take technical ad-
vantage n;ls of MT Huggins.
would be costs in the contest in the
sun ming and paying of witnesses.
The proposal for the contest to be
heard by subcommittee was purely
one OF convenience, he said There
were some 500 or 500 votes. alleged
involved. and 1T would be impracticable
for the entire committee to remain in
session during the lengthy session re-
He moved, in conclusion, the dismiss
sal OF the appeal on the ground that the
contest had not been filed in accord
ance with state laws. and that the act
ion 10 st ol tne walker County Committee
costs was filed. was legal and in ac-
cordance with the specific orders of the
state committee.
Congressman Bowie, in his reply
times. declared that If it were possible
TO secure Judgment against bondsmen
tor $500. Che am.int of bond reauired)
would be liable for the entire amount of
costs This might run to $4,000 or
$50. 900 in case where the attendance
OF hundreds OF witnesses would be re-
CURED for many days. No man, there
fore. were this rule to obtain. could
bring an election contest without hav-
ing financial ruin stare him in the face
The Executive Committee went i'm
mediately into executive session for the
consideration of the case. and at 80
o'clock. after meeting behind closed
doors for about forty minutes. announc-
the Walker County Committee. with in
structions that the contest should be
heard at once by the full Committee
without requiring bond for costs from
the contestant.
HARRIS Compton Matter.
II. c. Compton of Springville. the con-
testant in the Associate Railroad Com
missionership case. had considerable
and it was not until yesterday that Gun
ter and Gunter of Montgomery, his lead
Ing counsel. We're retained Ne had
retained Captain F. S. White of Biz
returned from Western trip as soon
as expected. and was not present. w
L. Ward, Jr., of Greensboro. his other
attorney was present. and. with Gas
ton Gunter assisted with his counsc
w. A. Gunter, VINO took the leading par'
in the presentation of the case for the
contestant.
Ray Rushton was the leading attcr-
ney for Major Harris. and was assist
ed by ex Governor w. Z. Oates and
Phares Coleman.
1t was alleged by the contestant. Mr.
Compton. that Major Harris. who rar
second in the race for Associate RAN
| Montgomery County In the Second CON
gressional District and was therefore
Ineligible to the nomination, as Charles
| Henderson who led the list of candi
| dates for that position. also made his
home in the Second District, ana th'
| law forbids more than one Railr"a'
Commissioner residing in the same Con
gressioal District.
Considerable difficulty was expert
enced by the attorneys in the case on
| arriving at satisfactory arrangtmth'
| of the pleadings, as either sid" OBJ
| iected to any paper hled ny the otner'
il was finally voted by the commit !
tee to admit any and all papers offered,
and sufficiency at the same time
| the evidence submitted was decl?ed,
The committee insisted that the p
been sworn to. and that gentleman
| the meeting An amendment to the
petitton. setting forth more fully and
| clearly the objections to the nomina
ton OF Major Harris. was admitted for
the contestant
On behalf Of the contestce, a mo-
tion to dismiss was filed. based upon
| the fact, as claimed, that the contest
was not brought upon any one of