The Birmingham age-herald., 1908-10-07
THIRD WARD MATTER IS
 NOW WHERE IT BEGAN
City Council Will Probably Have 10 Pas5 on Question of Whether or Not Both Ballot Boxes
 Shall Be Opened.

1 statements of differing opinions, to notify the City Council at it's meeting tonight, that A. A. Gambill has filed a contest against Asa L. Hoyt. democratic nominee for alderman of the Third ward.
 By resolution, which was adopted, this notification shall be made without recom- mendation, and the City Council on it's own volition, may or may not consider the contest of MT. Gamblll.
 | In case the City Council does consider the contest 1t is probable that the elec- 1 tion of MT. Hoyt will be held in abeyance until the contest can be determined by a 1 special committee of the executive com mittee appointed for that purpose. On the other hand, if the Council does not consider the contest, MT. Hoyt will be elected. In this case, the matter will be ended, unless the attorneys for Mr. Gam bill take other steps in their effort to proce that illegal votes were cast in the primary. | The following members of the executive committee were present: Abernathy, Su- livan, Rich, Williams, Silk, Bethea, Finch, Harper, Barton. Rosenstihl, Calhoun, Tomppert, Enslen Dabney, Yancey, Met calf Ellard, Martin, Nolls and Arm strong. B. B. Martin, holding the proxy of Committeeman Stokes, was seated, this leaving MT. Stewart the sole absent member.
 1 Present in the chamber were Asa L.. Hoyt, the democratic nominee for alder man from the Third ward, and his attor- neys, Messrs. Haley and Kerr, and A. A. Gdmbll, the defeated candidate and con ! testant, and his attorneys, Messrs. Bowie, Allen and Cabsniss
 1 Committeeman Martin, acting seer stary, read the contest of MT. Gambill.
 Wanted Committee of Seven.
 After the reading MT. Abernathy moved that the contest be referred to com mttee of seven. After some argument Abenathy, Bethea, Barton, Rosenstihl, Yancey, Martin and Armstrong.
 Immediately after the appointment of this committee, the following resolution was offered by Committeeman Rich, and 1 referred to the special committee: "Whereas, A. A. Gambill has contested | the nomination of Asa L. Hoyt, as the ] democratic nominee for alderman from the Third ward of the city of Birming- ham, which contest was filed within the time authorized by law, therefore,
 "Be it resolved That the certificate of nomination. heretofore issued to Asa l.. l Hoyt be and the same is recalled, and the declaration of the result of said nomi- nation is held in abeyance pending the determination of said contest.
 Be it further resolved, That the city 1 council of Birmingham be, and it is here l by requested, to instruct the city clerk to deliver to this committee, when called for, the ballot box containing the ballots and
 poll lists of the election held for mu-
 nicipal offices in the city of Birmingham, | in the Third ward of said city, on Sep | tember 21 1908, and to furnish such other | information as may be relevant to said contest.
 Be it further resolved, That a com mittee of seven shall be appointed to take
 testimony relative to said contest, and 1 which shall hear all relevant evidence that may be offered by either the contest l | shall be authorized to open the ballot box l containing the poll lists and ballots used | in said primary election, as well as the ballot box containing the poll lists and l ballots used in the general municipal cleo l tion held in said ward on September 2l. | Said committee shall have authority to | call before it witnesses and to do any and 1 all things that may be necessary to de- | termne the truth of the issue made by said contest. Said committee shall report 1 its findings to this body (the executive l committed at the earliest possible date.' .''
 Subcommittee In Session.
 Immediately after its appointment the subcommittee came together. Mir. Aber- | nathy was elected chairman and MT. Mar ! tin secretary.
 ! The committee proceeded to strike from 1 the above resolution all it's pertinent par agraphs.
 l The first paragraph. on resolution of MT. Yancey, was killed bodily, Mir. Rosen- | stihl alone voting contrarily.
 1 Next on a motion of MT Armstrong, that paragraph arranging for an examina- tion into the ballot box of the general election in the Third ward, was stricken | out.
 1 At this time Attorney Allen. on request. | stated the law covering the situation. | Then MT. Kerr was heard. Then MT. Bowie argued. The point at issue was whether or not the committee had the | right to open the ballot box of the gen. 1 eral election when the contest was filed on alleged illegal votes cast in the pri- mary. Mr. Bowie argued that both boxes should be opened in order that the whole 1 truth might become known. MT. Kerr was positive that only that box in which l it was charged that illegal votes were cast should be examined.
 | MT Bowie, in furtherance of his opin- ion that under the law both boxes should be examined, stated that the contestant would prove that certain votes vast for Hoyt in the primary election were cast for Dr. Masterton, republican candidate for mayor. in the general election.
 After the arguments. Committeeman Rosenstihi moved that the action of the subcommittee in refusing to recall the certificate of nomination issued to Nom- Inee Hoyt, and in refusing to request the