The Birmingham age-herald., 1908-10-09
HOW WILL COUNCIL SETTLE DUES TION2. GambiII Contest Probably Gees
 Back to Committee NEW POINTS HAVE ARISEN Council Resolution stipulates That No Voter Was Eligible Whose Name
 Was Not on the Old Reg
 istration List
NEW POINTS HAVE ARISEN

Those interested in the contest by 4. A. Gambill of Asa L. Hoyt's nomination as an alderman from the Third ward, are wondering what action. in reference to tonight.
 As is remembered, Wednesday night. im- medately after Chairman Metcalf of the democratic executive committee of the city of Birmingham, notified the council that Gambill had filed a contest Alder man Gregg moved that the council con- sider this controversy in special ses sion Friday night.
 Just what will occur at the meeting or just what action the council can take, is a matter in which many hundreds of citizens are interested.
 It is not considered likely that the eoun- eil will elect Hoyt. for the Gambill con- test has not been tested. and, further more, the belief is general that of the two men. Gambill has more friends on the board than Hoyt.
 On the other hand, it is not considered by anyone that the council will elect Gambill for, as is known, no evidence of fraud or illegality has been submitted.
 Then what will the council do? This is the interesting question.
 The general belief is that the council will simply agree to hold the election of MT. Hoyt in abeyance until the merits of the contest are investigated. It is considered probable that the council will send the controversy back to the sub- committee of the executive committee. which body has been authorized to sum- mon witnesses and hear evidence.
 The verdict of the committee will be passed upon by the executive com mittee the parent body having the power to concur in and make permanent. or re- verse the finding.
 From the reading of Gambi1ls protest. as well as from the statement of his attorney, MT. Bowie, it is certainty that the basic principle of the action against Hoyts election is the allegation that in the primary of September 2l, republicans voted.
 The resolution of the City Council au- thorizing the special primary made all voters on the registration lists of the primary of July 27 eligible to participate in the special primary of September 21.
 H. E. Shropshire, Jr., city clerk, urged by an Age-Herald reporter yesterday, de- clared that the following is the wording of the resolution in question, the resolu- tion having been offered by Alderman Gregg on the evening of August 10:
 Be it resolved by the City Council of Birmingham as follows:
 That, whereas, vacancy as alderman from the Third ward has been caused by the resignation of Alderman Eggleston and, whereas, the voters of the Third ward desire to nominate a candidate for alderman to fill the vacancy by primary election to be held by the voters of the Third ward
 Now, therefore, be it resolved, That the election of a candidate for alderman from the Third ward to succeed Alderman Eggleston be referred to a democratic primary election to be held by the regis tered voters of the Third ward as shown by the registration lists of the last pri- mary, such election to be held under the direction of the city democratic executive committee without expense to the city, and that the candidate nominated in such primary be elected by the board to fill the vacancy.
 That we request the city democratic executive committee to hold such election on the 21st day of September, next"
 The resolution was adopted by vote of IS to O.
 Easing their opinions on the above voters of the Third ward stated yesterday that all those and only those whose names appeared on the registration lists. pre- pared for the primary of July 27 were legal voters in the primary of Septem- Der 21.
 It was learned yesterday, however, that the registration booths, by mutual con- sent of the candidates, and probably with the sanction of the executive committee, were reopened and the lists augmented by IS names.
 To those who have studied the situation and who declared themselves yesterday by the specific plan of the city council all those on the original lists were eligible to participate in the second primary.
 If all of the 19 additional votes were cast for Hoyt the friends of this candidate contend that he is still entitled to the nomination by 10 votes One of the man. agers of the election, however, stated yes- terday afternoon that the 19 votes were about evenly divided. and that Hoyt prob ably received 8 majority of one.
 By the plan as outlined by the council, all voters on the original list were eligible to participate in the secofld primary. In case the reopening of the booths is judged out of harmony with the plan of the council and the 19 additional names are thrown out, those giving the subject care full consideration stated their opinion yes- terday that no other names save those not appearing on the original registration lists could be judged illegal.
 Everyone is asking his neighhor, how ever: What will the city council do to- night?''