The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-03-22
MANY SUGGESTED
FOR THE POSITION
Must be Successor to Thomp-
son in Fifth
UNIQUE QUESTION ARISES
Candidates for Office Must File Declar.
alton Not Later Than Fifteen
Days Next Preceding
the Primary.
UNIQUE QUESTION ARISES

Montgomery, March 21.-(special)- 1.-THE
congressional contest in the Fifth district
is the absorbing topic at the state CAPT
tai today. Those who discuss 1t express
thorough sympathy with the delicacy OF
the position. but the party law and the
statutes of the state demand an other
wise early consideration of the matter az
to who shall become candidates for the
Fifth district nomination.
Congressman Thompson's death has
been the subject of much comment of re-
greet here where he was so well and IA
vorably known. 1t is the rule of the state
democratic executive committee that
causes the unusual political gossip Inc
plan adopted in January provides that al.
candidates for office in the primaries OF
April II must file declarations OF theif
candidacy with the proper authorities
twenty days prior to the date of such pfl-
mares. This plan ran along smoothly IN
til today Probable candidates for con-
gress in the Fifth district did not appre-
ciate their very embarrassing position OF
having to declare their candidacy on TINS
day The suggestion of the variance OF
the party rule from the provision OF the
state primary law was called to the at
tention of Chairman Mallory.
The statutes provide that the candidate
shall not later than fifteen days next
his declaration Chairman Mallory holds
this statute supreme over the party rule
as adopted in January and consequently
he holds that any person who quallhes
within the fifteen days prior to the pri-
mary is entitled to have his name print
ed upon the official ballot.
The following is a copy of section Il OF
the primary election law to govern the
case:
Law Covering the Case.
ANY person desiring to submit his
name to the voters in primary elections
shall not later than fifteen days next pre-
ceding the holding of such primary eiee-
ton apprise the chairman IN writing, OF
governing authority of the political par
ty holding such primary, of the fact that
he is a candidate and upon complying
with the conditions prescribed by the
committees or governing authority of the
regulation of candidates he shall be de-
clared to be a candidate for nomination
by the committee or governing BODY OF
such political party and any person who
has given such notice to the committee
or governing authority, and who has not
compiled with the conditions prescribed
by the committee or governing authority
for the government of candidates, shall
not have his name printed on the ballots
used in such primary election, but any
person desiring to vote for one otner than
the person whose name is printed on such
ballot shall have the right to do so by
writing the name of the person for whom
he desires to vote in the space on the
ballot set apart for the name of the can
didate for such office as he may desire,
such person so voted for to be accounted
a candidate
Members of the state committee differ
with the reported position of Chairman
Mallory as to the date when candidates
may file declarations. Some of these hold
that the committee may fix any time 1t
may desire for the fling of the declara-
tions, provided the date does not fall
under the minimum of fifteen days.
To settle this condition it will most
likely be necessary to again assemble the
state committee.
Many Names Are Mentioned.
There are many rumors as to probable
candidates for the vacancy, though there
are so far no positive announcements. 1t
is generally believed that Secretary of
State j. Thomas Helm will qualify as
a candidate and in such instance it seems
very probable that he will win the con-
test Evans Hinson of Lowndes county
came here tonight with a declared pur-
pose to qualify. He is a popular young
fellow who served in the constitutional
convention
1t is also asserted that other candidates
may be Major w. A. Handley of RAN
doph, John Il. Mccain of Clay, d. IL.
Riddle Of Coosa, w. C. Thomas of Cham
bers, w. M. Wilkinson of Autuga, II. j.
Wilingham of Gilmore and II. S. Dos
ter of Autuga. These men will soon de-
termine their action. 1t is learned to-
night that opposition to the delayed pri-
mary may develop. Some probable can
didates or their friends express the opin-
ion that men who are now candidates for
other state or division offices might, in
case of defeat, enter the congressional
contest. These candidates would there
fore like to have the nomination made on
the uniform date
1t has not yet been intimated as to
what steps the governor may take to have
a special election for the unexpired term
of Mr.. Thompson. To have this special
primary conform to the regular date
seems popular