The Birmingham age-herald., 1910-04-28
OFFICIAL BALLOT
 AROUSES STORM Mallory Forces Claim They Have Been Ignored LETTERS OF PROTEST "O'Neal Delegates" Is Caption Above
 
LETTERS OF PROTEST
"O'Neal Delegates" Is Caption Above One List, But There Is Blank Space Left at Head of the
 Other Column

The appearance of the official ballot for Mondays primary was marked by a storm in the Mallory camp. It was found that while the O'Neal delegation had over it "O'NeaI Delegates" the space over the Mallory ticket was blank.
 The subcommittee to arrange the pri- mary explains this by stating that when it was discovered that the emblem sub mitted to head the Mallory list could not legally be used Frank Smith had failed to suggest any other name. MT Smith, however, has written to Chair man R. N Bell of the county committee, demanding that name of Taxpayers 8 Ticket be placed over the list.
 It is also noticeable that the name of Kinds Peevy appears on the official tick ct as candidate for the state senate, al though he has announced his withdrawal through the newspapers. It seems that he failed to officially notify the committee and did not ask that his name be left off the ticket.
 The following comes from the Mallory forces:
 To the Editor of The Age-Herald.
 Apparently for partisan advantage, the county executive committee passed res olution allowing or requiring the group ing of candidates for delegates to be voted for under an emblem by making a cross mark within a circle.
 We never admitted their right to do this. but submitted, under protest, a group of 4s names, together with an em- blem.
 Our group was one name short on account of the candidacy of Hon w. D. Nesbitt chairman of the state executive commit tee. whose application had previously been filed with the chairman of the coun- ty executive committee. We left this blank on our t icSet, after first notifying Capt. J. B. Scully of MT Nesbitts can didacy and offering to put his name on our ticket if he would put his name on the group that he was representing. We did this because Chairman Nesbitt. in his quasi-judicial capacity as state chair man. did. not feel justified in allowing his name to appear on a partisan ticket When Captain Scully declined the prop osition we presented our group one name shcrt, in order to allow Chairman Nes- bitL to be voted for by voters choosing our ticket.
 We thought then. we do now that 1t was unwise to run a partisan ticket for delegates to a convention which would mee 15 days after partisanship should have been forgotten. It should make no difference at a convention on the 17th day of May, 1910, if a delegate selected. being a strong. representative. capable man. who is qualified to know and care for the interests of the county and state, whether he favored Colonel O'Neal or Colonel Mallory prior to the 2d day of May. The convention is pre- sumed to represent a reunited party un- der the leadership of selected standard bearer ready and militant to meet the common enemy. the republican party. which is preparing to put out a ticket against ours. We herewith hand you a letter this day addressed to the Hon. Robert N Bell, chairman, together with the "Taxpayer's Ticket in the order re- quested by us to appear on the official ballot. We contend that they cannot compel us to submit group and then transpose it to suit their own whims Yours very truly.
 FRANK W. SMITH
 Vice Chairman
 Io;rr,inobap, Anril 97 1910