The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-24
WHO WILL SUCCEED
JUDGE J. ]. ALTMAN
Benners, Wood, Howe, Aird
and Deedmeyer in Race
DARK HORSE MAY WIN
Mr., Benners' Friends Confident He
VIII Be Appolnted-6acked BY
Large Interests--Hls Physi-
cal lnflrmlty Considered.

Competition for the appointment of
chancellor In the northwestern chancery
division Of Alabama to succeed the late
John J. Altman was exceedingly brisk in
political and legal circles yesterday.
Friends of the various candidates were
diligently at work throughout the day.
The question as to who would be the
new chancellor overshadowed all other
subjects at the courthouse.
Applicants for the position are increas-
ing In number every hour Judge A. II.
Benners, Sterling A. Wood and Frank
Deedmeyer had been mentioned for the
position Sunday night, and petitions III
their behalf were circulating early yester-
day morning. Mr.. Benners' friends say
they are highly gratihed by the support
their candidate is receiving, and they are
evidently confident that Judge Benners
will get the appointment. 1t is known
that Judge Benners' petition is being
signed by many of the leading members
of the bar, ard especially by lawyers
who practice in the chancery courts.
This fact will, it is thought, have great
weight in influencing the Governors Sc
lection.
Considerable Opposition.
In spite of the formidable support given
Mr.. Benners considerable opposition de-
ve.oped yesterday to his candidacy me
opposition was based upon three points:
First, that Mr.. Benners Is physically dis
abled by his infirmity of hearing from
discharging the duties of the chanceiior-
ship acceptably to the bar; second that
his temporary appointment was IL Is
said. made in an unsatisfactory manner
and third, that, if appointed to be chan
cellor. Mr.. Benners will likely displace
the present register in chancery, Jonn
w. Altman, the son of the late chan-
cellor, and appoint to the position MS
(Mr. BennersD son. Augustus Benners.
Because of this opposition to Mr.. Ben
ners a number of applicants sprang up
yesterday for the office. 1t was IN the
air that spirited contest would be made
against Mr.. Benners, and that In the fgnt
noliticai lines would be drawn in this
county as sharply as they have been at
any other time in recent years.
More imam one ldWyCl yNSNNiNN@J'
asked whom he favored for the chaneel-
lorship named his candidate, and then
added: IT am for any one to beat Ben
ners."
Among the Candidates.
Among the candidates mentioned yester-
day were Judge A. c. Howe, VINO Is re-
ceiying the support of many of the older
ond more conservative members of the
har. Sterling A. Wood, who has large
and influential personal following ana
around whom some Of the persons OPP
posed to Mr.. Benners are inclined 10
rally; Frank Deedmeyer, Who tnough ne
saws emphatically he is not canoioate'
,s frequently mentioned by not iew
LAWYERS of established reputation Tor the
Mace. and ]. B. Arid, one of the assistant
solicitors of the district criminal court.
Mr.. Arid left last night for Montgomery
In consult friends of his there and TO see
the Governor. 1t is understood that d
strong political influence is being brought
IN hear to have Mr.. Arid appointed. lie
has the support of what is known as the
court house circle, and this is expected
70 stand him in good stead when the fight
wakes hot.
A lawyer of large experience at the par
and in politics said yesterday In discuss
ing the subject that he would not be sur
prised if none of the men already nameo
received the appointment. He said there
were reasons why the Governor would
select a dark horse. Conditions, said he,
were such that it would be prudent in
the Governor not to do anything at this
time that would tend to ALLEVIATE any po-
litical faction.
In spite of all this. however, Mr. Ben
ners was regarded by many as the one
most likely to get the place. During the
day several of his friends called him
over the phone to say that they woulo
he happy to support him. It is understood
that a great many lawyers, representing
large corporate interests, are backing his
candidacy. Among these is A. G. Smith,
counsel for the Alabama Great Southern
railway. Mr.. Smith is avowedly for Mr..
Benners.
Mr.. Smiths son, City Attorney Ed
Smith, is another ardent supporter Of Mr..
members of the municipal government are
in favor of Mr.. Benners. So true is this
that one critic said yesterday that it
looked to him as though the fight, polit-
ically considered, was contest between
the city hall on one side and the court
house on the other.
City Attorney Talks.
Here is what Ed Smith, city attorney
said yesterday when asked his views:
IT am for Mr. Benners. He is high
minded gentleman, an able lawyer and
| would make an incorruptible and eff
cient chancellor. Yes; have heard this
report that Mr.. Benncrs' imperfect hear
ing disables him from performing the
| duties Of the office. There is. in my
| Judgment, nothing important in talk Of
| that kind. Mr.. Benners can hear readily
any argument made in court by the
ordinary lawyer speaking in his ordinary
| court room tones. Besides, the business
| of the chancery court is done large on
i ooonr. apd fbf,alr or, the whole II would