The Montgomery advertiser., 1906-03-27
CAPT. MASTIN CONTESTS SEAT. Asks for Recount of
 the Ballot. HE OPPOSES 0. (. MANER Papers Filed Before Chairman
 Arlington, Result of Democratic Primary For Members of House of Representa- tive Questioned By Popular
 Farmer--Race wns Close.
 a

A contest for the fourth seat from Montgomery county in the lower house of the. legislature, for which office Hon. O. c. Maner was nominated over Cap tain Peter B. Mastin by three votes in the Democratic primary of March l9, was yesterday filed by T. B. Mastin, brother of Captain Peter B. Mastin, with Hon. A. H. Arlington, chairman of the Montgomery County Democratic Executive Committee.
 The paper was filed with Chairman Arlington at 4:30 o'clock yesterday afternoon. The contestor asks for recount of the ballot and for the proper consideration of the contest by the executive comittee MT. Mastin ai- leges that the re turns show that O. c. Maner received thirty-seven votes in beat fourteen, when in reality. the can didate received but twenty-seven votes in this precinct. The contestor also alleges that the et-rns of the primary election were not canvassed by the committee on Saturday last according to the manner and form prescribed by law. He further alleges that the elec- tion in Beat two was illegally conduct ed, the ballots not having been pro- perly numbered.
 The full text of the contest is as for lows:
 'aTo Hon. A. H. Arlington, Chairman of the County Democratic Committee of Montgomery County. Alabama, and to each and every member of said com mitee.
 Your petitioner, T. B. Mastin. re- spectfully represents unto the Demo- cratic Executive Committee of Mont gomery County, Alabama, that he is and was a qualified elsctor of the 18th day of March, 1906, the day of the Democratic Primary election was had in Montgomery County. Alabama.
 That on said day your petitioner says that P. B. Mastin was a candidate for the Alabama Legislature from Mont tgomery County. and your petitioner fur ther says that to the best of his infor nation and belief:
 list. That in beat or precinct four teen in Montgomery County, Alabama, on said 18th of March 1906, P. B. Mastin received forty-five votes in said beat or precinct as Democratic candi- date for said office, and O. c. Maner re- ceived twenty-seven votes in said beat as Democratic candidate for said office;
 second-That the returns from said beat or precinct 14 show that P. B. Mastin received 45 votes and O. c. Maner received 37 votes, when in truth and fact P. B. Mastin received 45 votes and O. c. Maner received 27 votes as Democratic candidates for said office in said beat.
 FOrty-fve for Mastin.
 Third-That there were cast In said election 45 votes for P. B. Mastin and 27 votes for o. c. Maner as will appear from an inspection and recount of all votes cast in said beat or precinct 14. Montgomery County, Alabama, for said Democratic nomination for said of fee.
 Fourth-That said returns of said election for said Democratic nomina- tion were not canvassed by the Demo- cratic Committee of Montgomery Coun- ty in the manner and form fixed by law.
 Fifth-That in precinct or beat No 2, in Montgomery County. on said 18th of March, 1906, said election was not held and conducted in the manner fixed by law. in this that said ballots as cast and received by the managers, or those who conducted said cleo ton in said precinct or beat, were not numbered as is provided by law, and the truth of this allegation can be established by opening the bal lot box used in said beat or precinct, and by inspection of the said ballots as cast in said election.
 Wherefore. your petitioner prays that you as chaimman, will call a meeting of the Democratic Executive Commit tee of Montgomery tor the purpose of passing upon the issues herein involved as Is provided for by law; that proper notice be given to all parties interested, and that Peter B. Mastin and o. c. Maner be notified of the filing of this contest and of the day set for the hear ing thereof, T. B. Mastin. Sworn to and subscribed before me, 26th of March, 1906.
 Jno. B. Fuller, Justice of Peace. On the filing of the contest, Chairman Arlington at first thought he would call a meeting of the Executive Com mittee for Saturday, but after looking up the law. he found that he could not call the meeting until he had given ten days notice to each of the candidates. He expects to officially notify Captain Mastin and MT. Maner today and meeting of the committee will be called as early as practicable thereafter. It will be remembered that the pri- mary election in Montgomery County for fourth place on the legislative ticket resulted in a very close race be- tween Captain Mastin and MT Maner. When the returns were being received on the Right of the primary. 1t was at first thought that Captain Mastln had gained victory over MT. Maner, but when the next day dawned, 1t was l found that MT. Maner led his opponent 1 by three votes.
 | At the meeting of the County Exec utive Committee last Tuesday for the purpose of canvassing the vote. Cap tan Mastin petitioned the committee | for a recount, urging that the race was so close that there might have been a mistake in the count He stated that he would not file a contest. The committee held that they would