The Montgomery advertiser., 1906-10-04

by the statutes that there was no
provision of law for contesting the
Commissioner. because the law making
that position an elective office was
passed subsequent to the law provid,,
not set up that Major Harms was I!ot
and would not beat the time of the
election eligible to accept the office
in question. and that 1t did not allege
that Mr.. Compton had received a ,plu-
rality Of the votes cast at the prima-
Another paper filed on behalf of
Major Harris was pl"a in abatement,
qualified eiector and could not
therefore. institute contest proceedings:
was a resident of the Second Congress
sional District. but resided in Hale
county in the Sixth 81 District str cou,to,
declared the proceedings. were. not in
the nature of a contest. but Of a pro-
test He was simply asking the COM
plittee to declare as the party nominee
leu a. ' Address TO ovters.
The only evidence offered on behalf
of the. contestant was in regard to the
campaign circular issued by Major Har-
ris. addressed ITO the Democratic vot.
ers Ct Mont gomery County" and signed
In the circular. Major Harris declared
own county people" as for twenty
years l have lived among you"
The circular was itself onered IN evil
dence. together with affidavit that it had
been printed in Montgomery the 9Th
eth or Sth of August, 1906. The contes-
tee admitted that the card had been
circulated. and that it had never been
retraCted.
Mr.. Rushton. for the defence, offered
a certificate of Major Harris registra-
ton in Ward 2. of Evans Precinct, Hale
County. on August II, 1906, as prlfaa
Hale County.
This was objected to by Mr.. Gunter
who argued that the previous publ,ca a
ton ard distribution of the fellow cit -.
izen" circular among the people o'
Montgomery County acted as an estop-
ral upon Major Harris from denying
that his residence was in TINS county
he objection was over-ruled ny ma ~
the Committee. and the document was
admitted as evidence. 49,,
A number OF affidavits were then pre-
scented by Mr.. Rushton, IN confirmation a ?
Of Major Harris claim that ne was d
resident of Hale County.
Major Harris Affidavit.
Chief among there was the affidavit
Of Major Harris himself. when Is III
I'm June 1905, declared my inten-
ton to become a citizen OF Hale couh
tv, Alabama, and in furtherence OF ina
intention l became "a ,s mrn'o Mrs VI
Bishop, living about three miles from
Akron. At this time I had no ldes Oh
ever becoming a candidate Tor once:
Here on the old farm, where was
born. reared and educated. ] began my
business and professional Ire. L an,
nounced my determination to make
it my home ever after. ,or. ;,
Mont somery. which was broken up by
the death of my. wife. l determined "
return to the old homestead TINS may
be called sentiment Be that as ~ may.
here the larger portion of my family
and relatives resided.
when I became a candidate for AS
sociate Railroad Commissioning, ! IN
formed the Hon. II, S. D. Mallory
Chairman of the Democratic Executive
Committee for the State. that my DOM
icile was in the Sixth District. and that
would be candidate from mat ais
trict.
"On the 18th day o. August. 1905. l
registered in Beat ,, Hale county, Ala
bama; the books having been opened
on the 9th day of July. and l could
not have registered before that time
1T was known to the people of the
community that | was making TINS my
home; hence Beat :, Hale county, Ala
at this tiln". and has been such ever
since l perfected my citizenship which
was prior. to August ~: 1906
/ Cross Examinations.
This affidavit was admitted only
subject 10 cross examination, during
which Major Harris stated that he had
county. primaries. He said he had not
: only signed, but had written the ''fei-
+ low citizens" circular
| He offered an explanation over the
SAYING it was the only of poll
tics | played in my campaign"
II considered the" people Of Mont
gomery, he said, 'as my townspeople
7 IN NF.a1 hny "a, n