The Birmingham age-herald., 1903-01-09
Members 0f Legislatnre Fail to Obey the Lab and
 Eligibility $ Questoned
London Cunningham and Blackburn Failed to File Statement of Campaign Expenses Until 30 Days Prescribed by Law Had Expired-Governor JekS is
 Liable to Indictment

Alex T. London, Felix Blackburn and w. c. Cunningham, three of the seven members of Jefferson county in the next legislature. may not be eligible to that body.
 It is thought by some that they have violated the Jefferson county primary election law which requires that can. didate for office file with the probate judge, within thirty days after the elec- tion, a sworn statement of his campaign expenses.
 The primary election was held on Au- gust 25 last. and the expense accounts of these three candidates were not filed | until September 25, or thirty-one days after the election.
 The penalty prescribed by the law for noncompliance with these provisions is to make it a misdemeanor and acquires fine of from sl0O to $1O0o. and the can didate in default is ineligible to take his seat.
 The other four successful candidates for the egislature-Augustus Benners, L. J. Haley, c. W. Hickman and Joel c. Du- Bose-all filed their statements within the thirty days.
 May Indict Governor.
 The primary election law for this coun- ty, which was passed by the last legis- lature, requires that each candidate at the election shall file such a statement of expenses. But two of the defeated candidates havo done this. None of the candidates for governor or other state offices have done so, and 1t Is thought that all of these have violated the law and are subject to fine of $10O. The grand jury Is now Investigating the mat ter, Judge Samuel E. Greene having brought it to their attention in his charge on last Monday. No indictments have yet been brought In by that body
 Alex T. London says the primary law is unconstitutional, but that if anyone can be indicted under it by the Jefferson county grand jury Governor w. D. Jelks can be.
 There is a possibility therefore. that the governor of Alabama will be indict- ed by the grand jury of Jefferson coun- ty for violating this law.
 Provisions of Law.
 The law says: Acts 1S90-1, page 2275 section IT, that within thirty days after such election each candidate therein shall file with the probate judge of the county in which such election Is held, a sworn statement to be taken before such pro- bate judge, setting out and itemizing the expense of his canvass in such election, and no failure to file sworn statement of the same shall be deemed guilty of misdemeanor, and must on conviction thereof, be fined not less than $100 nor more than $1O00."
 Section IS provides: That any candi- date who has received a nomination for an office at such elections, who shall fail to file such itemized statement within the time prescribed, with such probate judge, or shall make any false statement therein as to money expended by him contrary to any of the provisions of this act, shall in addition to the penalty prescribed in section r of this act, be ineligible to hold the office for which he was nominated"
 Section 22 provides that any candidate who violates any provision of this act shall be ineligible to the office to which he aspires.
 Cost of Election.
 There were forty-eight candidates at the last primary-twenty-thre for state offices and twenty-five for county offices. None of these have filed any returns ex- cept twelve, all of whom with the ex- ception of Congressman Oscar w. Un- derwood, were candidates for county of- fees or the legislature. The election did not cost any of them very much, the highest sum paid for election expenses being MT. Londons account of $40. .35. The amount that each candidate for the legislature paid is as follows:
 w. c. Cunningham ...... .... $40. .00
 Felix Blackburn ...... ..... 12S75
 Alex T. London .......... .... 40 .35
 Augustus Benners ........ 102 50
 l.. J. Haley ........ ........ 110 25