The Birmingham age-herald., 1908-10-28
THIRD WARD CASE IS UP ID COUNCIL Interesting Gossip Heard About
 Unique Contest WILL THE BOX BE OPENED? Rumor Says Gambil Has Other Evi- dence In Hand and May Gall for
 summoning of Witnesses
 To Testify.
WILL THE BOX BE OPENED?


 ence to the aldermanic contest in the Third ward, the question is now being asked in city municipal circles, twill the city council solve the problem?"
 As the situation now is inasmuch as the committee as a whole has undone what the subcommittee accomplished. no pro- gress has been made in the case save this:
 The committee has gone on record as refusing to open the ballot box of the general election held in the Third ward.
 With this single exception the commit tee has done absolutely nothing and the time consumed was consumed to no pur- pose
 Now what will the city council do?
 The committee had previously furnished the council with a certificate of Hoyt's nomination. No request has been made prompting the council to hold up the election of MT. Hoyt. At the next meet ins, of the board, on the first Wednesday night in November, will the council pro- ceed with the election of the certified nominee?
 Il is reported in city municipal circles that the council at it's next meeting will take some action in reference to the mat ter.
 After the meeting of the committee Monday night when by reversing the ac- ton of the subcommittee, the contro- versy was returned to its point of be- ginning, Alderman Burnett, generally con- sidered the balance of power in the city council, made this statement:
 'I believe the board would be justified in taking up the matter and doing that thing which it considered right
 In this connection, should the council attempt the solution of the problem which has befuddled the city committee for such a long period, it is interesting to note that the election of an alderman to succeed R. H. Eggleston, resigned, would be again in that very circle from which popular opinion snatched it.
 As is remembered, the city council was prepared to elect A. A. Gambill to suc- ceed Mir Eggleston. Through the activity of a number of Third ward voters, who declared themselves against MT. Gambill, the ccul ell, at the suggestion of MT. Gam bill, determined to call a primary to se- lect the Third ward representative. In the primary MT. Hoyt defeated Mr. Gam bill by q small majority, and MT. Gam bill contested the election.
 Should the council again attempt the solution of the problem it will be inter- esting to note it's method of procedure.
 Would the council open the Third ward general election box?
 The city democratic executive commit tee, since it's meeting Monday night, has taken no steps toward again assembling.
 Members of the committee. seen yes- terday and requested to make a state- ment as to when the body would come to- gether, threw their hands sky high and emrhatically shook their heads
 In case, however, the committee does meet again, the citizens of Birmingham, greatly interested in the situation unique in the history of Birmingham, are won dering what tactics will the contestant against the aldermanic nomination of Asa L. Hoyt pursue.
 Ine OH TeCOIu as re- fusng to open the ballot box in which the contestant charges that 75 of those voting for MT. Hoyt in the primary box either voted for w. T. Masterson, re- publican candidate for mayor, or for the socialist candidate, or scratched certain den.hcIatic nominees, will, by any other means suggested by the contestant, take up the case.
 It might be that the interesting point in the situation is about to be reached. Dur ing the labors of the committee and it's sub committee the lawyers for the con- very anxious to enter the ballot box, the box did not contain their entire stock of evidence It was intmated that certain witnesses would be examined who would testify to the facts that an investigation into the ballot box, it is alleged, would reveal
 In case witnesses are examined, wit nesses attacking the votes of other resi- dents of the Third ward, the case will be alive with real interest, and the large aud fences hitherto drawn will be greatly in- creased.
 It was learned yesterday that so far the contestant has not asked that witnesses be subpoenaed, and that no list of prob- able witnesses has been served on the lawyers for the contestee. In case, at the next meeting of the committee, no wit nesses are examined. or action in that direction taken, 1t is believed by those close to the parties chiefly interested that the contestant will make an effort to +oro the matter from the committee and throw it again upon the city council.
 The general opinion is, however, that before call for another session of the committee is issued list of witnesses