The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-11-07
ASK THE COUNCIL To
OPEN ELECTION BOX
City Committee 0espairs of
Reaching Conclusion
MANY WANT TO TESTIFY
Voluntary Witnesses Come Forward In
GambiII Contest to Prove They
Have Paid Their Poll
Taxes.

BY adopting a resolution offered by
/ Committeeman Stewart the city demo-
! cratic executive committee officially re-
/ quested the city council last night to
enter the general election ballot box
of the Third ward and make known
| just how every man voted therein.
The committee, in other words,
despairing of getting all the necessary
evidence to determine the contest of a.
A. Gambill against Asa l.. Hoyt, Third
ward nominee for alderman, put it
up" to the council.
If the council grants the request of
| the committee the council will open the
general election box, and furnish a list
of all who voted for a republican or
socialist candidate to the committee.
/ The committee will then open the
| primary box, and the votes of those
who participated in the democratic
primary and voted in the general cleo
ton for a republican or a socialist will
! be thrown out.
At the conclusion of this process, the
remaining votes will be abulated, and
| if Mr.. Gambill has majority he will
be declared nominated.
The committee will meet Thursday
night, November 10, following that
meeting of the city council on the pre-
oeding night at which it is expected the
general election box will be opened.
GambilI Vote Disqualified.
Commtteemna Stewart, prior to the
adoption of the above referred to mo-
ton, moved that the committee throw
the election of a Third ward alderman
into the city council. This motion was
! voted down, 10 to 8.
Then the examination of witnesses
was resumed. Eleven of the contest
ants witnesses were examined, and the
result was a net loss to the contestant
of one vote.
A. S. Miller swearing that he had
! been summoned to testify by Mr.. Gam
bill, declared that in the primary he
voted for Mr.. Gambill, and in the gen
eral election voted against the entire
| democratic ticket.
BY the mode of procedure as adopted
| by the committee, this vote was thrown
out.
! To date, therefore, two votes have
been thrown out, one of Hoyt's and one
of Gambill's the two rivals, at the
present time, being just as many votes
apart as they were prior to the begin
ming of the contest.
The remaining 10 who testified were
sustained. They were b. S. Dobbins, e.
L. Thornburg. w. A. Reynolds, M. J.
| Collins, S. S. Colby, o. l.. Russell, w.
J. Hill, V. M. Cant, S. L Fundenburg
and C. F. Tye.
B. S. Dobbins, w. A. Reynolds M. J.
! Collins, S. S. Colby and o. L. Russell
testified that in the primary they voted
| for Mr.. Hoyt and scratched the demo-
cratic ticket in the general election.
! e. L. Thornburg, S. e. Funderburg
J and C. F. Tye testified that In the pri-
! mary they voted for Mr.. Hoyt and
voted the straight democratic ticket In
| the general election.
| w. J. Hill and V. M. Cant testified
that in the primary they voted for Mr..
Hoyt and didn't participate at all in the
| general election.
Cant Wanted Remuneration.
When the witnesses testified that
=, they had refrained from participation
in the general election, Judge Allen, at
! torney for the contestant, desired to
know if they had received the note of
| warning from the executive committee
to the effect that there was opposition
! to democratic nominees.
He then read the following, which II.
b. Abernethy, a member of the present
! city committee, mailed to all the voters
prior to the general election:
I'VE respectfully desire to impress every
| elector who registered and voted in the
democratic primary, thereby pledging him
self to support the nominee, that opposi-
| ton has developed to the ticket nomi-
| mated, and it therefore behooves every
voter to come out next Monday, Septem-
Der p, and cast his vote, redeeming his
PLEDGE
| Mr. Hill was uncertain whether he had
received the warning. but declared that
he "at any rate did not participate in the
general election"
MY wife generally opens my MALL"
stated Mr.. Cant, land / cannot state pos
itively whether I received the circular
or not
Mr.. Cant was Tartar in the hands of
Judge Allen When he was asked con-
corning the payment of his poll tax, he
having been included in the list compiled
by the probate judge at the instance of
the contestant, he declared that he had
become of age July 10, 1908, and that he
had not been required to pay in 1907.
When asked the date of his registration
he promptly replied, July II, 1882
At the conclusion of his testimony he
desired to know who would pay him for
his services.
II have lost three nights from work
(Mr. Cant works at night, and l think it
but fair that l be paid for my services
he said.
Many Poll Tax Payers.
There were many witnesses present
who desired to testify concerning the pay
ment of their poll tax. These gentlemen
We're included in the list offered as evil
dence Thursday night by the contentant
The attorneys for the contestant, how
ever, showed reluctance to examine them.
Several had paid their taxes. Several
proved that they We're under age during
the years in which they were charged
with not having paid. Others declared
themselves above 45 years. Others still
affirmed that they We're members of the