The Birmingham age-herald., 1912-10-08
TEN YEARS OF ALABAMA
No. 54-"A Fair Count or Fair Fight"
1865-1874

York, defeated NJ B. Wellborn. democrat
 from Barbour county. Mayor w. A.
 Handley of Randolph county. democrat.
 was a prosperous merchant there, after
 having served with distinction in the Con- federate army. His personal friends in sisted that he should endeavor to succeed R. s. Heflin, scalawag, who had been elected at the previous contest Handley
 was universally popular. but had never | made speech. The rancor of the con | test required orator. The party cari- didate for attorney general, John w. A. | Sanford, was one of the most brilliant or
 ators of the state. Sanford was glad to help his friend. Handley, and canvassed his district, speaking, perhaps, in every county. So a democrat came unexpected | ly to carry the election in the Third dis | trict In the Fourth district Charles Hays, scalawag incumbent defeated one
 of the most capable of men, J. G. Harris, democrat. In the Fifth district. Dox, democrat, was reelected. In the Sixth
 district Joseph II. Sloss, democrat, suc- ce6ded Sherrod, democrat.
 Governor Smith had been defeated at | the February election of 1868 and had been put into office, nevertheless. by the Con | gress. At the end of his first term now | he was defeated at the polls In fui. | ftdllzAllOn Lndl HIS cause HdQ laken the | downward course, upon which there was
 no arresting force within the state gov
 ernment, he had helped to set up, the | governor bethought himself of his old | time luck. He had partisan advisers des- perate enough to urge him to appeal to | President Grant. Associate Justice Saf- l fold of the supreme court, Chancellor Fielder and Circuit Judge Charles Pel- 1 ham united in counselang him to 1e. gain his llICE shall hrfnp the | suit of this counsel into view presently. | Both houses of the legislature-then | technically the General Assemby''-met I in their respective places on Monday, No- vember 21, 1870 A momentous change had taken place in the composition of the house of representatives. Eighty-nine of the 100 members took their seats the first
 of the legislature of 1868, GA were now seat ed. The negro membership, then 24 was now reduced to 14
 The roll call showed among others the following names, taking rank among the first young men of the state: James Crook of Calhoun, J. NJ. Carmichael of Dale, William C. Oates of Henry, G. W Hewitt of Jefferson, J. P. Speaker and P P. Gichrist of Lawrence. R. H. Boyd
 of Marshall, Harry J. Toulmin and O. J. Semmes of Mobile. John P. Hubbard of Pike, Burwell B. Lewis or Shelby. w. b
 Bulger of Tallapoosa. W. S. Wyman and N. N. Clements of Tuscaloosa.
 Mir. Oates asked that John P. Hubbard be made temporary speaker. Next day on motion of MT. TouIman, MT. Hubbard
 was eletced speaker Having no opposi- ton, he received the whole vote present Ss. Ellis Phelan was made clerk and Rob ert c. Clarke of Elmore was made assist ant clerk and Thomas Jaylor of Lee re- cording secretary.
 Lieutenant Governor Applegate was dead. Senator Barr president, presided. Under the statute there had been no election of senators. Under the consritu- tion it had been the duty of the senat. that convened in 1868 to divide itself into two classes by lot, one class to be selected in 1870 and the other in 1s72 so that half the senators would be chosen bennialy. The classification had not been made. and Governor Smith did not issue writs of election for senators.
 Governor Smith received the usual mo- tice that the two houses were organ ized and sent in the regular message. In the house MT. Oates asked to be in- formed for what purpose detachment of United States troops were quartered in the capitol of Alabama at that mo- ment.
 At o'clock in the afternoon the senate appeared in the hall of the house and the senators were seated President Barr took the speakers stand and dispatched Ses-Setary Blue of the senate and House Clerk Phelan to the office of the secre- tary of state for the election returns
 The returns were delivered to President
 Barr, who presided over the Joint session. Immediately the presiding officer opened and read an injunction issued by Asso-
 clate Justice Saffold restraining him from opening and publishing the returns Of the election for governor and state
 treasurer He also read an injunction from Circuit Judge Charles Pelham re- straining him from opening and publjsh- ing the returns of the election of state treasurer.
 Secretary Blue and Clerk Phelan were appointed tellers and the returns except for governor and state treasurer were counted and published. Moren democrat over Burton, carpetbagger, by a majority in excess of 1000 votes. The entire demo- cratic state ticket was elected by ap- proximately the same majority.
 Having finished the count and declared the result as indicated President Barr instructed Blue to restore the election
 returns to the secretary of state, which he, the secretary of state, should be legally authorized to open and publish the vote for governor and state treasurer The order was promptly executed.
 Senator Mabry, from Barbour. moved the joint convention that whereas F.. H. Moren had been declared elected 1ieuten- ant governor, he should be escorted to the chair. Barr declared the resolution out of order. Representative w. NJ. Lowe of Madison appealed from the decision. Barr refused to put the appeal to vote. but ordered Blue to conduct the senate back to it's chamber. In loud, firm voice. Barr declared the joint convention dis solved and called on the senators to fol- low him back to their chamber. All fol- lowed except the worthy democrat from
 Pike and Sibley. carpetbagger, from Mad
 ison and deadly enemy of Governor