The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-09-25
Illegal Voting is Charged by
Judge Stiles
GIVES NAMES OF VOTERS
contestng Candidate Issues Card In
Which He EXPLAINS Reasons for
His Position and Charges
Election Irregularities.

sheriff against e. L. Higdon.
In the second primary, held Monday,
September Il, f. L. Higdon, according
to the Jefferson county democratic exeeu-
tive committee. defeated Judge Stiles by a
majority of three votes as shown on the
face of the returns.
Judge Stiles alleges in his petition for
a recount, that misconduct of election
officers. bribery and illegal voting were
praetieed.
The petition was filed with Chairman
B. A. Thompson and Secretary John +.
Abbott of the county executive committee.
In addition to the general bill of COM
plant. which was sworn to by Judge
stiles. he issues the following address
to the public
Chairman Thompson will call meeting
of the county democratic executive COM
mittee after the ten days notice required
by law unless this time is waived by Mr..
Higdon In which event the committee
will be called together at once to near
the petition of the contestant.
Stiles Open Letter.
To the Democrats of jefferson County:
I have today filed with the democratic
executive committee of the county con-
test of the nomination of Col. Il. L. Hig-
don to the office of sheriff.
The partisans of Colonel Higdon SO Bit
terly decry my course that l have con-
cluded to make a public statement of my
position.
The result of the election on the face
of the legal returns, shows a majority
in my favor of five votes. This condition
resulted by reason of the disappearance
of the official returns from the Lewis
burg box. No one deplores its disappear
ance more heartily or sincerely than I,
Notwithstanding reliable Information after
wards obtained that it carried major
ity of eight votes for my opponent and
changed victory to defeat
Under the law, the vote of that box
could not be counted, the commttees
jurisdiction, by express provision of the
law, being limited to that of mere cam
vassng board to count and declare the
result of the legal returns. The same COM
mlttee had so decided In the MillerBed-
dow contest a few days before and de-
cllned by a unanimous vote to receive Sec
ondary evidence of the vote in the Palos
box, although the result was well known
and undisputed. If | had insisted on my
strict legal rights, I should have been
declared the nominee, and Colonel Hig-
don would have been compelled to con-
test. But my legal rights in that instance
We're inconsistent as | felt. with the JUS
tice of the case, and I therefore sent a
written statement to the committee, ad-
vising that the committee accept secon-
dairy evidence of the result of that box
well knowing that my opponent would
thereby receive the nomination, to which
l was entitled under the law. In thus
proceeding, I assumed the burden OF a
contest, which Colonel Higdon must other
wise have instituted.
l make no question in my contest of the
absence of the returns from the Lewis
burg box.
Grounds of Contest
My contest is not based on technicali-
ties, but on meritorious and substantial
grounds, the ground that | In fact re-
ceived a majority of the legal votes cast
in the election. the ground that the will
of the majority has been thwarted by the
reception of Illegal votes MY first conclu-
sion to lodge the contest was not reached
until convinced by reliable evidence that
| received the majority. In stating my
contest to the committee | have gone be-
yond the legal requirements and alleged
as far as my present information en-
ables me, the names Of the Illegal voters
and the boxes at which the Illegal votes
were east, to the end that my opponent,
the committee and the party at large
may have ample and specific notice and
consequent opportunity to obtain and pre-
issue. | seek only the truth Let every
ir-minded democrat diligently aid i'm the
search. The truth discovered Justice only
can result.
And yet the partisans of my opponent
continue to decry a contest Why? Our
party has boldly and uniformly declared
for the utmost fairness and iustIce In
primaries The law, enacted by n DEM
oeratlc legislature, legalizes primary cleo
lions, preseribes the qualifications of
voters Furnishes fraudulent practices, and.
finally, to the end that full and complete
Justice shall always be done between con-
tending candidates, to the end that the
Will of the majority shall always be truly
ascertained and obeyed provides that the
primary election may be contested "un-
der the same conditions and on the same
grounds as provided In the general elee-
ton laws. If fraud has INTERVIEWED to
defeat the will of the majority the re-
sulting wrong can be corrected only by a
contest. 1t is the sole remedy IL there
has been no fraud, the strength of the
party will be increased and Colonel Hig-
dons candidacy will be promoted by proof
of the fact. If there has been fraud The
highest interests of the party demand its
discovery, It's punishment, and It's cor
rection.
The executive committee, chosen bv
the party Is the tribunal provided by
law and by the party to hear and de.
termlne the contest. To that tribunal
] appeal. confident that full and i'm
partial investigation will be had. that
Justice will be done, and that the final
nomination will be free from the faint
of suspicion. I Internationally accent
the result in advance. If I am not sue
cessful In my contest, | will be Colonel
Higdon's most ardent supporter. Re-
spectfuly, ]. p. STILES.
Title Of Contest.
The title of Judge Stiles contest is: ].
p. Stiles vs.. e. L. Higdon. contestee, be.
fore the democratic executive committee
of Jefferson county
The full statement Is as follows:
To the executive committee Of the DEM
ocratic party of Jefferson county.
J. p. Stiles brings this contest, and
respectfully shows:
l. That on September II, 1906. there was
held by the democratic party In Jeffer-
son county, Alabama, a primary cleo
ton to nominate the candidate of that
party for sheriff of Jefferson county:
that in said primary the said Stiles and
the said Higdon were the opposing can
didates; that the said Stiles resides I'm
the city of Birmingham, Ala, and that
he was qualified voter when said cleo
ton was held.
q That the returns from said primary
election were canvassed by this commit
tee on September 49, 1906 and 1t then ap-
peared that the said Higdon had received
472S votes and the said Stiles 4725 votes,
and the said Higdon was thereupon by
this committee declared the nominee of
the democratic party for sheriff of JEFF
ferson county, Alabama. in the approach