The Montgomery advertiser., 1909-05-23
STOLLENWERCK IS NOMINATED VIII Succeed R. Tyler.
 Goodwin.
 IS NAMED BY COMMITTEE
General Sanford Protests Against
 the Procedure.
He claims That the Nomination ef,a succ~.ssr to Representative Good wyn should Be Made by Cea- ventiea if Primary Was 
 Impossible.

Frank Stollenwerclx, IT,. was yester-
 E. at a meeting of the Democratic kecutive Committee of Montgomery nominated to fill the vacancy in the IAls.bama Legislature. caused by the res ignation of former Representative R. Tyler Goodwin. He was opposed by e. E. Crenshaw. who received six votes. awhile Stollenwerck received sixteen.
 General J. W. A. Sanford who was present at the meeting, protested against a nomination by the committee, declaring it to be without authority to do so. It was pointed out that unless the committee made the nomination, there would be no way of filling the Montgomery County vacancy. This was declared in a resolution presented by Mr. Roemer. to be the sole reason for the comnittee's making the nomination. General Sanford declared that in that event county convention should be called, Chairman George W. Jones pointed out that in such a contingency as existed. the committee had many pre- cedents. one of which was-the nomina- ton by the State Committee of Judge Hon. Thomas L. Sowell some years ago. as State Auditor.
 A resolution was presented, declar- ing that the man who received the sec- ond highest vote in the primary for the State Senate from Montgomery Coun- ty. should be given the Senatorial nom- ination in case there was a vacancy there being some doubt as to whether Senator Teasley would be qualified when theNfinal call was made. Chair man Jones held that the resolution was out of order. Mir. Hughes made the same point of order. As there was some division of sentiment upon this point, Chairman Jones suggested himself that there should be- an appeal from the decision of the chair. to ascertain the sense of the committee. The chair was sustained by large vote and the resolution was. therefore. held by the committee to be out of order. sustain ing the point made by Chairman Jones that the committee had no right to ad- minister upon the political estate of MT. TeasIey.
 The effect of the resolution would have been to have put the committee on record. had 1t carried, as endorsing M. B. Houghton, who, in the Senatorial primary. ran second to Mir. Teasley.
 There were two vacancies in the membership of the committee from the city and one from the county. In Ward s, James Gallagher was elected to shc- cead John G. Crommelin. and in Ward 6. Ed Mahoney was elected to sue ceed John J. Farley. In Beat s. Arin Jones was elected to fill the vacancy created by the death of his father. Y. Nj. Jones. Owing to his removal from Beat g., Alderman Seidle offered his res Arnation and the vacancy was filled by the election of H. N Hughes.
 At the opening of the meeting. Chair- man George Jones announces thas tns vacancies would first be filled, but ob- lection was immediately raised that the committee had not been called for such purpose. The sense of the meeting was however, that the vacancies should he filled, and this was accomplished before the business of selecting candidate to succeed Mir. Goodwin was entered upon
 The vacancies being filled. MT. Roem- CT offered the following resolution which was adopted:
 aWhereas, His Excellency, Governor B. B. Conner, has called a special elec- ton in Montgomery County for June l9. 1909, to fill a vacancy in the House of Representatives in the Legislature caused by the resignation of Hon. Ty- Ter Goodwin:
 ~And whereas, Section 520 of the Code of Alabama provides that thirty days notice shall be given of the holding of
 @And whereas, Section 372 of the Code of Alabama provided that certl- fled nominations of party shall De fled in the office of the Judgc of Pro-
 
 said special election;
 And whereas. therefore, within the time permitted from the date Of the is- suance of said call by the Governor to fhe day fixed by him for holding said apectaI election, 1t was and is impos- Sfble for this committee lawfully to hold a primary election to nominate Democratic candidate for said vacancy;
 Now, therefore, be 1t resolved by the Democratic Executive Committee or Montgomery County, that 1t assumes the authority to make said nomination itself solely for the reason that It can not hold a primary election under tne laws of Alabama within the time per rnttted under said proclamation of the Covernor calling said special election.
 "Be it further resolved, that 1t Is tns nense of this committee that all nom nations for ofiice made by the Demo cratic party of Montgomery Couhty shall be by primary elections held Tor that purpose. ,utfon the business of the committe" was catered upon, and quickly oes- patched. ..>,,,
 Fran< Stollenwerck. Jr.. upon waosn .ha choice of the Executive Com0itteS fell. is one of the youngest attorneys o' the city. He Is a son of Frank Sto,. Ienwerck, one of the vice presioeh.nr .r n os the First National Bank. and IS we'' known throughout the city ana counay' n6 Me Stollenwerck graduated in 1S0S Sror, Johns Hopkins University at Bal ttmore and later graduated in law al T5arvard University. He has been eh a,agad in the practice of law Tn ths courts of this city for the past t"o years. -