The Birmingham age-herald., 1906-10-04

ton, shall be the one who shall bear the burden of same. To this end the law re-, quires that a good and sufficient bond to be made by the contesting candidate, giving good and sufficient sureties on same. This bond is to bear the expenses of the contest and has to be approved by the judge of probate like the other bonds which are filed in his court.
 The law says that 1t Is a condition prec- edent to the filing of the contest that the bond shall be executed and filed with the judge of probate. It is signiti- cant that Judge Stiles did not execute and file such a bond. He evidently wishes to seek to get the chance of the benefit of the contest without having compiled with the law or having made himself liable for the cost of the proceedings. This legal information is furnished me on the au- thority of six leading members at the. bar of Birmingham, who have and will rep resent me in this contest. Who appears now to be an evader of the law, he or |?
 The Mass Meeting.
 It is true that my friends in large num- bers have requested me to call the mass meeting which we will have tonight. It would seem that Judge Stiles seeks to I deny me and my friends this right. But l would like to call your attention to the fact that the constitution of Ala ! bama provides that "the citizens have a right in a peaceahle manner to assemble together for the common good and to [ apply to those invested with the power 1 of government for redress of grievances, | CT other purposes, by petition, address, 1 or remonstrance" It therefore seems. according to the constitution of Ala 1 bama, that since the meeting tonight is , for the common good" and since 1t will be conducted in ''peaceable manner, | that we are clearly within our consti- ] tutlonal rights and since Judge Stiles has so thoroughly exercised of late, his l constitutional right, that any citizen may speak. write or publish his senti- ments, on all subjects being responsible for the abuse of that liberty,' we think that he should not seek to curtail our con stitutional liberties, because they do moi meet with his exact personal approval He has as much right to hold whatever meeting he may wish as we have, anc if what transplres at his meetings is as pointed and helpful to the committee a, what we shall do tonight he will fnC that he is mistaken, when he says tha our meeting will not be helpful to al orderly and impartial trial of the pres ent contest.
 Five Hundred Illegal Votes.
 It is further significant that Judgr Stiles contest having been sworn tt by him. in which he charges as man, as 300 Illegal votes, he now reduces thi number in his open letter to you, |, not more than sixty persons" Thi may be due to the fact that General l. V. Clark cut Judge Stiles numbe about one-half showing that tn judges charges of 25o Illegal vote among the military boys of the count, was false, and the falseness of the al legations of his contest may have beer further brought home to him by tn, | fao of ha bave been appearing in the papers iron day to day.
 Fairness.
 All that I ask in this matte Is for fair and impartial hearing of the is sues which will be presented to you. | At no stage of this controversy hav I ever doubted your integrity or you wisdom. notwithstanding Judge Stiles insinuation in the close of his letter l. you, that I believe that you have pre- judged this case. This much I indicate, in my letter to the public several day since in which l said that although knew that eighty per cent of you ha, supported Judge Stiles in both of tn primaries, did not doubt for an instan but that you would do the right the fai and the square thing.
 Personal Attendance.
 My only request of each committee mar is that he will be personally pres ent to pass on the grave and importan | matters in connection with this contro versy For I, too, think that grea deal depends this contest whicl will lay down certain broad principles of fairness for future nominees of tn, democratic primaries in this county and these principles will be based 'or equal rights to all and special priv leges to none." Very respectfully, 1 F. l.. HIGDON.
 October B. 1906.