The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-21
Claims Lights We're Out for
Twenty Minutes While Ballots
Were Being Counted
ELECTION OFFICERS SAY
MATCHES WERE STRUCK
O'Brien Says He Does Not Seek to
Change Result of Election, But
Simply Wants Correct
Count Made.

There will be a contest in the primary
for Mayor.
At the request of Walter Metcalf, chair
man of the city executive COMMITTED
Capt Frank p. o. Brien yesterday served
notice that he would file a contest in
the recent election for Mayor in order
to bring out certain Irregularities which
he believes existed In the Eighth ward.
The committee is seeking to clear It's
skirts in every way by opening he box
and counting the vote so that in the III
ture there wall be cause for conf
plant from any source.
Captain Brien states that he will not
make his contest with the idea Of chang
ing the result. Indeed he says that he
would not accept the office OF Mayor
under the circumstances even IL the box
in the Eighth ward should give MIN
majority of the votes cast in The pri-
mary. Said Saptain OBrien last nigh:
O'Brlen Makes Statement.
monday night Charles Dougheity,
young attorney whom ! had where the
Eighth ward was being counted ds
watcher, came to headquarters and re-
ported that in counting the boxes IL was
suggested by someone unknown to him
that the tickets be culled out, the y brien
tickets being put in ono pile ana ne
Ward tickets in another. BY that means
they could expedite the report TO Tho
newspapers.
'They then began selecting the tickets,
putting the OBrien tickets in one pie
and the Ward tickets in another. There
were 1863 O'Brien tickets In one pile ana
100 Ward tickets in the other pile. The
remainder of the tickets were scattered
over the table, when suddenly the lights
went out and were out for twenty min
utes. Tom Mcdonald and several of my
friends inform me that they began TO
strike matches to prevent any maripula-
ton of the tickets. I was also Informed
that Motion Smith threw his body on the
table to protect the tickets, b.. there
were several on each side of MIN. so that
he could not reach them. My iniorma-
ton is that the room was in darkness Cor
twenty minutes.
Is Not Contest of Election.
st desire to state to the public that
my purpose 10 lipt " ColltSSt iiliS 0iSA-
tion and that even If this box should
give me a majority ! would not accept
the office under the circumstances Ny
sole purpose is in a feeble way to aid
in trying to accomplish the object hoped
to be obtained by the adoption of tie
new constitution; we have been paving
roads to the penitentary for our young
men long enough and IL Is time that we
stop to think. The negro has ceased to
be factor in all elections, hence that
cannot be used as an excuse for man
ipulating the ballots
''There has been mucn criticism in the
city about the counting of this box and
Walter Metcalf, the chairman of the
executive committee, requested me to
ask and insist on the opening and count
ing of the box in order that the commit
tee might be exempt from all criticism
in the future.
Metcalf Requests Contest.
Mr.. Metcalf said last night after the
committee had adjourned that the con-
test was filed at his request, and made
the following statement:
"As chairman of the city executive
committee l asked that the contest be
filed. We have no power under the law
to open the boxes and count the vote
unless a contest Is filed. | have heard a
number of complaints on the manner in
which the Eighth ward box was counted,
and we want to count the votes in order
that there shall be no cause for COM
plant in the future"
Captain Brien was present when Mr..
Metcaf made the above statement, and
concurred in what was said in regard
to the request that a contest be filed.
Bodeker Brought Into Matter.
George II. Bodeker, candidate for chief
of police in the primary, last night re-
fused to file a protest. and said he would
not have the office if any counting of
the tickets in the future were to give
him a majority.
When seen last night, Mr.. Bodeker said:
4 ,,,tt . h.. So l...