The Birmingham age-herald., 1915-10-23

legged as a cause u1 IonteSt II IS Sui-
 icient statement of said cause to al-
 lege that illegal votes were given to the person whose nomination Is con-
 tested. which, If taken from him. will
 reduce the number of legal votes given
 to him to or below the number of le-
 gal votes given to some other per
 son for the same office.
 Sec. 50. That if such contest be of any state senatorial nomination where
 the district is greater than one county,
 the contestant at the time of filing
 his statement of contest shall deposit
 with the chairman of his senatorial
 district. if there be one. if not with
 the chairman of the state executive committed. the sum of s25 for expenses
 of such contest to be used as such com
 mittee may direct. If the contest be
 of the nomination for chancellor or judge of any court Of record. whose
 district or circuit Is greater than one
 county. the contestant shall at the time
 of filing such statement of contest de-
 posit the sum of s62.o0 with the chair
 man of the committee trying the con
 test. f it be of a nomination to Con-
 gress the contestant shall file with the
 chairman of the congressional commit
 tee, if there be one; if not, with the
 chairman of the state committee, at
 the time of filing his contest, the sum
 of S125 for the purpose of paying such
 expense of the contest as such com
 mittee may direct and if 1t be the con test of any state office then the con
 testant shall deposit with the chair
 man of the state committee at the time
 of filing his contest the sum of $"50 for the expense of such contest as may be authorized by the committee and In addition to the above amounts herein required to be deposited at the time of { filing contest, the state committee or po m hn1 of l. vision may from time to time require the deposit of additional amounts for the purpose of paying the expenses in- cident to such contest, but in no case
 shall the amount required by said com
 mittee or governing body be more than
 four times the respective amounts alove required Provided however that the contestant for the nomina- tion of any county office shall not be required to deposit any amount in ex- cess of $T5. The person whose nomi- nation is contested shall at once be
 notified by such chairman in writ 1 ing of such fact. and such contestee ! shall have 10 days after the receipt of such notice of such contest within which to file with the chairman Of said state committee or other commit
 tee or governing body of the party of
 his objections and answers to the state | ment of contest. Either party to any
 contest not first heard by the state | executive committee shall have the i right of appeal to the state executive
 committee from any final judgment of
 any other committee, but at the time
 of filing such appeal shall deposit with | the chairman of the state committee the same amounts as herein required
 for the institution of contest
 Sec. 51. State executive committee or governing body of any political sub division of the state greater than one
 county shall. upon the filing of con | test with the chairman. be called by
 such chairman to meet at time not less than 10 days nor more than 40 days
 from the time of filing such contest
 for the purpose of hearing and deter mining the same.
 | Sec 52 Upon the final hearing of
 any such contest. If the committee de-
 termines who is the legal nominee for any office it shall make declaration | of it's judgment upon the question, and l the chairman of the state committee within 10 days thereafter shall certify 1 to the secretary of state the name oi
 the party declared to be the nominee to such office.
 1 Sec. 5S. If upon the hearing of any
 contest for any office. as provided Tor | In this act. the committed, after an in vestigation and hearing of the contest shall dctermine that it is impossible from the evidence before it to decide wholis the legally nominated candidate 1 for the office contested. it shall have | the right and authority to direct g new primary election Tor the nomina' l tion tu any such office, but where any 1 action Is taken by any county connie. 1 tee or by the committed Of any politi. | cal subdivision less than the whole state, either person to the contest in 1 the same manner ns Is herein pro q l.. f..xrt, l the action of any county commfttee may take an appeal to the state ex- eoutive committee which shall be the 1 court of final appeal in all party con l tests of nominations; provided, that | upon the hearing of any contest or ap- 1 peal as provided for in this act, one third of the members of any such state
 executive committee shall constitute a quorum for the hearing of such contest
 or appeal, provided further that the ] entire committee be notified of the | meeting in the usual way.
 Sec 54 The state executive commit 1 tee in cases of state offices and the l executive committee of any political 1 subdivision of the state or other gov erning body as the case may be, but
 subject to the approval of and m ac- | cordance with the method prescribed 1 by the state executive committee where vacancy may occur, in any nomi | nation, either by death, resignation revocation or otherwise or in case oi :, any special elections. shall have au- ! thority to fill such vacancy either by action of the committee itself, or by such other method as such committed or governing body may see fit to pro-
 vide. ..t
 1 Sec. .55. The state executive commit | tee shall prescribe such other addi- 1 tional rules governing contests ano other matters of party procedure. as it may deem necessary not in conflicl
 with the provisions of this act.
 Sec. 56. The chairman of any such committee before which may be pend l Ing any contest as berein provided shal l have authority to administer oaths tt | witnesses in such contests and to sum | mon persons and officers to be and ap- pear before him; provided, that the-per- son who desires the summoning of any ] witnesses at the time he makes reques | of the chairman of such committee tC l summon any witness shall deposit witf 1 the chairman of such committee, ir cash, sufficient money to pay the cos of summoning any such witness. Ant also to pay such witness the sum of $l per day while attending upon sucf committee and the sum of cents pei mile each way in coming and return ing from attendance upon such com mittee; and all witnesses summoned tt testify in any contest pending befor, any committee shall be paid at tn, 1 rate of S1 per day and 3 cents per mil, as herein provided for; provided, tha any party to the contest may file witt the chairman an instrument in writint signed by any such desired witness I waiving his right to claim such pe | diem and mileage, in which event tn, otxo nn Ira net