The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-09-07
CONTESTS AGAINST TlllMIM.
BOTH TALBERT AND DIAL CHAL-
LENGE HIS ELECTION.
Two Opponents OF senator Claim That
He Has Not Observed the Laws OF
the State Fully.

Laurens. Sept. "A rumor having
been spread around the city today to
the effect that the election Of Sena-
tor B. r, Tillman would be contested,
~. b. Dial. one OF the candidates who
opposed Senator Tillman In the re-
cent primary. was approached upon
the question and asked as to Its re-
liability. Mr.. Dial confirmed the ru-
NOR and stated that w. Jasper Tai
bert had served notice Of contest upon
him and suppos edly upon Senator
Tillman, and that thereupon he him.
self had served O like notice. The
contest is based upon the failure of
Senator Ttilman to file his expense ac-
count with the secretary Of State. US
provided for on page ca9. volume "a.
acts OF 1905, wherein It Is made OBJ
ligatory upon the candidates to file
their expense accounts between the
close OF the campaign and the first
primary. 1t will be remembered that
Senator Tiliman filed an account Au-
gust rs. some weeks before the cam
paign closed.
Mr.. Dial went at length into the
situation. He declared that he was
not one to take advantage Of techni-
caiities In politics. because he had
never done 30 In the practice OF law.
However. he thought himself perfect
ly juBtified In taking advantage of the
present situation. as Senator Tillman
had attempted to make use Of a like
situation a few weeks ago. when he
=. declared. as q result OF Senator Till
mans activity. Mr.. Dial was for a
time thought to have been eliminated
from the race. What Mr.. Dial re-
fsrred to was the interview of Sena-
tor Tillman given out several days
after Il had been circulated that Mr..
Dial had failed to comply with the
national election Jaws In not making
proper returns Of his campaign ex-
penses. The interview as II appeared
In The State. was In part as follows.
When asked as 10 the status Of
the candidates for the house OF rep
resentatives In South Carolina who
have failed 10 comply with the federal
statutes by not sending in their
sworn expense accounts prior to the
primary election. and about n. t.
Dial. candidate for the senate. whose
account was received here but no,
sworn to. Senator Tillman said to-
night: I would lny that these men
simply have no status now. Should
any Of them be elected II would be for
the house OF Representatives TO decide
whether the law had been -'wilfully'
Violated. This word "wilfui" appears
In the statutes a.od It's construction
might be matter for the house to
decide just as 1t decides all contested
elections"
Mr.. Dial noted the difference be-
tween the federal law and the State
law. In the former Some latitude Il
allowed as to. the ''wilfui" violation
OF the law. but In the State law there
Ia no such provision. IL the candi-
date fails to file his account at the
conclusion OF the campaign and be-
fore the primary election" such fail
ure will render such election null
and void. I'm 20 far rs the candidate
who falls to file the statement herein
provided. but shall not affect the
validity OF the election Of any other
candidate complying with this sec.
tion."
IL was upon the section above that
Mr.. Talbert took action and upon his
own account filed a contest claiming
the election upon the ground that he
had n majority OF the votes east. The
protest was served upon Mr.. Dial
Saturday. Looking into the eonstitu-
ton and rules OF the State Demo
cratic party. Mr.. Dial saw that ac-
cordins to rule 3, "a majority of the
votes cast shall be necessary to nomi-
nate a candidate" Mr.. Dial holds
that a majority have not voted 10.
Mr.. Taibert. so he has fled a counter
protest on his own account.
IL the state executive committee
-upholds Messrs. Talbert and Dial. II
appears that a second race will have
to be run over between the two. The
committee meets Wednesday in CO.
lumbia. when II Is supposed that the
contests will come up.