The Montgomery advertiser., 1906-03-23

| l sented by counsel. James B. Fuller. wh | held the floor for few minutes in urg
 ing the recount of the ballots.
 Besides taking up the Mastin mat l ter. the executive committee canYasset
 the returns of Mondays county ans
 Congressional primary and declared l the result.
 This was the last meeting of the olC executive committee. After its ad l iournment the newly elected commit tee was organized by Judge Arlington l By a unanimous vote, the new commit. | tee reelected Judge Arlington chair man and w. A. Gunter secretary. l Those Who Were Present. The executive committee was called I to order at f2.10 o'clock in the county l court house by Chairman Arlington 1 The following kmembers answered to l roll call: W. A. Gunter. represented by Charles P. Gunter as proxy, A, II. Ar rington, c. P. Anderson, John G. Crom- melin, John ]. Farley H. A. Belscr, represented by W. A Johnson as proxy, r. Nj. Jones, S. J. rettus. C. H. Shackle~ ford, j. A. Walters. L D. Collier. s. .. Guy r. c. Browder. John C. Carter and w. C. Henderson.
 Tn the absence of the secretary, John J. Farley assumed the duties of secEe- tary
 Chairman Arlington said that the meeting had been called for the pur pose of canvassing the returns and de- claring the county nominees.
 The petition from Captain Mastin, asking for a recount of the vote. was the first matter that occupIeu the attention of the committee Captain Mastin. for the fourth candidate on the ticket for Representative to the lower House Of the legislature. was defeated by Hon. o. C. Maner by only three votes.
 Mamtin's Petition Read.
 Tine petition was read by acting sec retary Farley, as follcws:
 Montgomery. Ala. March 2i. 1906.
 ''To Hon. A. II. Arlington. Chairman,
 and the several Members of the
 Democratic County Executive
 Committee of Montgomery County,
 Ala
 "The undersigned being a Democratic candidate for the Legislature. makes demand upon you as chairman of said Committee and upon each member of said coiamittee, for a recount of all ballots east, and voted In the several beats of Montgomery county at the primary election held in said county on the 10th day of March. 1908
 ''The undersigned further requests of you and demands that all ballots cast in the several beats of said eoun- ty at said election, be produced, open ed counted and mparedNwith the sev- eral tally sheets used in said election, and verified by you before declaring the result of said election held on said 18th day of March, and that the result of said election be determined by you after full. complete and true count of said votes legally cast at said cleo ton be counted and a full and complete of said election be had.
 Tho undersigned makes lnis rc- quest and demand in the interest of the Democratic Party and in order that the purity of the ballot may be pre- 
 Respectfully,
 Peter B. Mastin'
 Opposed By Chairman.
 When the petition had been read, chairman Arlington rendered the chair temporarily to Charles P. Anderson, in ,Tder that he might explain to the committee the reason why the requests n the petition should not be grant 1 Mr. Arlington said hc would like to | 'xplain the law to the committee and, | n doing this. hc read several extracts | rom the state election law citing that | he committee would he open to prose | uticn if the ballots were opened OK | ept upon tho filling or a contest. He, | or one. would not assume such re- possibility and he doubted if any | leu1bcr would do so in the face Of the aw.
 His first impression ho said was hat Captain MnStin had intended | he petition as a contest and, arguing rom this standpoint. Chairman Ar lngtoTi, said that the paper filed was ot contest as tt mus, be filed with ! fftyo a raG1hltE n fbp | rimary are announced. 1t was fuTtll- r. not contest because 1t failed to the ground for contest n element specifically required by the eetion law.
 "G think anybod, who would open n 1X would be committing a crime and ould be suhiert to inlunCtion," he lid, T move that the petition be tab d.
 Before the motion was put. however. r. Fuller as counsel For Captain Mas II asked If the commutee would hear Inn in the matter. Mir Fuller was -anted the QooT
 Argued By Counsel.
 This is not contes:. t Is not tu 1 le nature of a contest" began Mir. uller. Tt is the purpose to set before le committee the facts that the cleo on law is inadequate tu meet the pres ,t emergencies"
 MT. Fuller by way or illustration, opposed that there might bc irregular ies in a certain bcar. A man had 1ted who was not entitled to vote. e knew it. The managers and clerks the hox knew it The committee and e complalner, though. would be DOW less to ascertain fraud because when 1t on the stand. the man. the mana s ers or clerks could decline to answer ich questions as would tend to in- intimate them The law is hemmed in so.' said MT