The Montgomery advertiser., 1908-09-08
PARTY FIGHT
 OVER EMBLEM Arguments Submitted in Mandamus Hearing. THOMPSON VS. DAVIDSON Republican Factions Fighting For
 Regularity. :. All Day the case was Argued Before Judge A. n. sayre---Arguments VIII Be Continued To-Day-
 Both sides Presented
 Yesterday.

With some of the most prominent Republicans In the State present. de- murrers to the bill filed by the David son faction of the. Republican party, seeking to restrain Secretary of State, Frank N. Julian. from recognizing the Thompson wing of the State Repuhli- can party were argued for period of i've hours yesterday morning ana afternoon.
 The arguments were not concluded and a resumption of the hearing will be held before Judge A. D. Sayre at 9:20 o'clock this morning.
 Argument on behalf of the Thomp- son faction was opened by O. D, Street. who spoke for three quarters of an hour, preceding an adjournment at 1880 o'clock. and for half an hour after the resumption of the session at 3.se o'clock yesterday afternoon.
 That the allegation of the petition presented by the Davidson faction de- feated the prayer was the claim ad- vanced by MT. Street. He declared that only by the issuance of an in- junction could the Davidson faction accomplish their objeet--if under any circumstances such a thing were pos sible.
 The petition, he stated ayers that the Secretary of State intends to do the very thing which the writ of man damus sought would force him to do and hence defeats itself
 The first part of the prayer. he de- eIared. prays for affirmative relief. the latter part seeks to prevent certain action on the part of the Secretary of State. That result, he alleged did not lie within the scope of a writ of mandamus and was attainabIe only through the Issuance of an iniunc- ton.
 The Party Emblem.
 A. = t.s. stated 1t as his opinion that nothing in the statutes could settle the dis cussion definitely.
 The attempt of the Davidson faction to control the actions of the Secretary of State was he said, not merely min istcriaI. but also judicial and hence absolutely unauthorized.
 Mr. Street. when this point in his argument had been reached. stated that he had considered the case on the grounds that the party he repre- ssnted was the faction and the con tending party the regular organization of the Republican party. or that both were factions.
 As matter of fact, he declared the Thompson party was the regular party. They did not forfeit their rights. he averred, when they failed to put out State ticket in 1908. Such action. he affirmed. did not dissolve the organization nor drive it out of existence.
 They have adopted an emblem of their own he said, what concern fs 1t of theirs how many other em- blems are adopted"
 In conclusion. he stated that tha emblem, Vulcan, of the Thompson fac Hon was filed two and one-haIf years DeIore that of the Davidson party. mat 1t had never been changed and that therefore 1t remained the legal emblem of the Republican party.
 Judge Chiffon Speaks.
 Judge John M Chiffon opened the argument for the Davidson faction. 6A reviewed thoroughly the Organization oI mat branch of the Republican party which he represented. and declared that us action in putting out a State .lcket Tn 1906 was the result of the lack of requested action by the Re punilcan committee. the chairman of which was Thompson The Davidson laetion, he stated, had It's birth in a mass convention, called at Blrming- nam In 1908, and having for It's ob- Jees the best interests of the party.
 The statute. declared Judge Chiffon demanded that a party emblem. in order To have continuous existence. must De filed with the Secretarv of state sixty days before leach" elec- tion, and, Furthermore, 150 copies of lne ballot with the emblem inscribed upon it must be filed
 The Thompson faction, he declared did not do this in 1906. Yet tbey, cI@lmed that their emblem was the official one of the party.
 me Davidson faction. he pointed out conformed to the law in 1aos though their ballot in that wear StS not bear their emblem. because if was not passed upon by the Secretary of Seate sixty days before the election.