The Montgomery advertiser., 1906-03-29
Letters to the Editor.
The Votes Were Not Canvnssed by the
 Committee.
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 Montgomery, Ala. March 2s, 1906. Editor The Advertiser:
 thank Chairman Arlington for his answer to my questions in re the elec- tion returns in the recent primary in so much trouble, or was so much an- noyed, over so simple a matter. I was In search of information, which he alone had, and it was to inform myself as to how the vote was canvassed and obtained by the Committee, that actu- ated me in writing the communica- tion. The law is so plain, that he who runs may read" but the mode and method of the Committee. or rather its chairman, in arriving at and announce ing the result was clouded in mystery and that was the veil that I wished lifted. His typewriter resolution was confirmed or adopted blindly by the Committee, without ever stopping to inquire as to the correctness of the figures, or even to prove true" as was asked py candidate and elector.
 l readily concede that, if Captain Mastin asked any violation of law in his petition, that he was wrong; but l do not believe that he did this. The words of the petition may have been unfortunate, but l am sure they only asked a verification of the figures, giv- en by the typewritten resolution. They were entitled to and should have re- ceived that courtesy from the Commit tee, In any event; for the petition cer-
 
 much, and no harm could certainly have resulted from doing that, and may have prevented the contest now pending. To do less, was to throw suspicion upon the mode of obtaining the result, even though no real ground for it existed.
 The law makes the Committees can wasting boards to canvass the returns" and not the Chairman. Such power should not be placed in the hands of any one man, or such great temptation put in his way, for all future chair men may not be as just and upright as the present one is conceded to be; such thing. It seems from Chairman Arringtons own admission, that he constituted himself a news bureau for the dissemination of news on the night tacks of heart failure to candidates and friends In doing so, did he not plain ly violate the spirit and intent of the law? and he must know that custom do not make a right" I have seen committees in this county, in the past, open and tabulate returns, and not leave that most delicate and import ant duty entirely to the Chairmah.J
 Now, after the profound and learned Chairman has enlightened me as to the mode of obtaining the figures incor- porated in his typewriter resolution, I am more thoroughly convinced than ever that he violated the letter and spirit of the law in opening and an- nounclng the result and the returns on election night, and did greater wrong ! not carrying the returns before the Committee and have the figures com piled and tabulated; If not his duty to do this. why the necessity for assemb- ling the Committee at all? I shall in- sist that the Committee. and not the Chairman are the "cnnvassing boards to canvass the returns of such pri- mary" in the exact language of the primary law.
 The astounding declaration in the card of Chairman Arlington is made that there is absolutely no particular mode of procedure required by law for the Canvassing of returns" I am sur prised that the profound aand learned Chairman did not better Inform him self before making that statement, a most remarkable position for lawyer to take,
 Section of the primary election law provides that ''All primary elections held in this State by various political parties shall be held and conducted in the same form and manner and under the same requirements as are or shall be provided by law for the holding of regular State elections. except in such particulars as are herein excepted"
 Section 6 of tho primary election law makes the committees 'canvassing primary election" for the purpose or making the certificates" required Now, there IS no exception in the law as to the duties of canvassing boards and in elections they are governed by the same form and manner and under the same requirements as are or shall be provided by law for the holding of regular State elections"
 Section 1641 of the general election law provides that the statement of votes and the poll lists delivered to the officers must be delivered to the returning officer of the county (the 1 Sherfff) within forty-eight hours after the election" Section 1644 tells how the vote must be estimated by the Board of Supervisors in the presence of each other and of such other per sons as choose to attend"
 These provisions of the general elec- tion law apply absolutely to those ,harged with canvassing the result in De estimated by the members of the | committee in the presence of each oth- er or such other persons as choose to l attend" Suppose then the returning officer of the county, (the sheriff) were 10 open the returns of a general elec- | he Result to save the candidates and heir friends from heart failure" would | le not violate the spirit and intent of he law? Yet is not this exactly what | hartman Arlington of the Montgom- ,ry County Executive Committee did | with the returns sent him of the cleo | ion held in this county on the 18th of | March? If the returns of the State pri- l nary can be opened, tabulated and an | bounced by Chairman Mallory. what Is | he sense of having a meeting of the | committee at all, to do something that i las already been done? If Chairman | Arlington had attended the meeting Of | he State Committee in 1904 held in | he Council Chamber in this city, when | he returns from the first state pri-