The Birmingham age-herald., 1906-09-30
[. L. HIGDON FILES MOTION TODISMISS Claims Stiles Petition Was Not
 Properly Filed OTHER PLEAS ARE MADE It Is Charged That Security for Costs Was Not Given at the Time of
 Filing According to
 Law
OTHER PLEAS ARE MADE

F. L. Higdon filed a motion with the chairman of the Jefferson county demo- cratic executive committee yesterday ask ing that the petition for contest filed by Judge Stiles in the sherir's race be dis missed.
 It is claimed .n Higdon's motion4hat the Stiles petition was not properly filed and served and is invalid.
 It is claimed that the contestant failed to give security for costs and have same approved as required by law at the time of the filing of the petition. It is claimed that the committee before whom the pe- tition was filed has no authority to com pei the attendance of witnesses nor to compel such witnesses to testify.
 The motion of Colonel Higdon makes the point that the petition has never been filed with the proper officer and that 1t has never been served by any person authorized by law to serve the same.
 Motion for Dismissal.
 Following is the text of the motion filed by attorneys for Colonel Higdon
 Now comes E. L. Higdon, the contested in the above styled cause, who appears specially for the purpose of making this motion and for none other, and moves the committee to dismiss the contest hereto fore filed on the 24th day of September, 1906, purporting to contest the democratic nomination for sheriff of Jefferson coun- ty, and assigns as grounds for said mo- ton the following, viz:
 l. At the time the said contest was filed, the contestant failed to give security for costs and ha~< the same approved as required by law.
 2. The contest filed Is upon such grounds as requires the testimony of witnesses, and the committee has no power of au- thority to compel the attendance of wit nesses nor to compel witnesses to tes- tify. g. Because the executive committee, be- ing without power under the law to sub poena witnesses or to have service made upon them or to compel their attendance or to compel them to disclose how wit ness or any one else voted, Is without authority to legally try this contest.
 4. Because this committee is without authority to swear witnesses.
 o. Because witnesses voluntarily testify ing before this committee could not be punished for false swearing.
 6. There is no authority in this com mittee under the law, after having can vassed the votes and declared the result upon such canvass to re-declare the re- suit, or to declare any other result than the one already declared
 '. The alleged petition in this cause has never been duly filed with the proper officer.
 8. The alleged petition in this cause has not been served by any person authorized by law to serve the same
 9. The alleged contest or petition is not in compliance with the law and the statute in such cases made and provided, and as prescribed by paragraph of section 1697 D. 541, of the Code of Alabama of 1896.
 E. l.. HGDON,
 September %, 1906. Contestee.
 Colonel Hledon Talks.
 In discussing the motion after 1t had been filed yesterday, Colonel Higdon said:
 My motion is based or the section of the code of Alabama which provides for the filing of such petitions. It Is plainly provided that a petition for contest in primary elections shall be made in &C., cordance with the law for such proceed ings in general elections. The law for contests in general elections provides that petitions shall be filed with the probate judge and not with the chairman of the executive committee.
 Judge Stiles petition was filed with Chairman B. A. Thompson of the county democratic executive committee which body has no right to act in the matter except by the direction of the probate judge.
 However, l am ready for a contest and A thorough examination of every ballot cast in the county if the proper meth ods are pursued. We have our evidence ready and can go into trial of the matter at any time.
 The Gate City Box.
 The clerks and managers of the Gate City box, In a signed letter. deny most emphatically that any irregularities or illegal voting took place there. The men In charge of that box were: B. Higgins, manager; J. A. Coll manager; w. R. Howell, manager; Thomas Slaughter, re- turning officer and J. G. Pearson, clerk,
 They assert that no election could have been more honestly conducted and de- sire to remove any impression that they used their office in any candidates partic- .I.,r ft,fa