The Birmingham age-herald., 1914-03-04
RAY RUSHTON WILL AWAIT SETTLEMENT !. OF THE ISSUE RAISED Says 30 Days Must Elapse Between Party Primary
 and Election SECOND PRIMARY
 OUT OF QUESTION If the Governor Adheres to His Plan of Calling Short Term Sen
 atorial Election for
 May II

Ray Rushton of Montgomery, assistant state campaign manager for Oscar w Underwood and one of the leading attor- | neys of Alabama, has no intention of announcing for the short senatorial term 1 until the date of the special election has been definitely decided. This positive declaration was made by Mr Rushton yesterday afternoon, following the meet Ing of the state democratic executive committee. which met here iii called ses- | sion.
 Mir. Rusnton based his statement upon the fact that a special election, although 1 called by the governor could not De held cn May II if there should be 6 second primary for the nomination of senator for the short term on April 2o The law requires that the party's nomi- rec shall be certified to the secretary of state 90 days before and to the vari- ous probate judges 20 days before an cleo tion, hence second primary would be an impossibility should the election be l leld on May Il, as ordered by the gov ernor.
 | Mir Rushton spent yesterday in Br- | .ningham, having come here to attend
 the committee meeting. His train was several hours late in arriving. and the committee had adjourned when he reach- | cd his hotel.
 The Montgomery attorney was at once informed of the action of the state com 1 mittee, fixing the first primary for the nomination of a senator for the short | term on April 6. the second primary for | May 2O and the governors proclamation setting the special election for May II. Must Give Thirty Days Notice | Mir. Rushton stated that the Alabama code expressly prohibited the calling of an election until 80 days after a primary, and declared that he would not announce for the short term until | it was definitely decided at what time the election would be held. In the event of one primary, May Il would come within the statuatory provision,
 but should second primary be held,
 the date of the election would have to be fixed for a later time than that in-
 dicated by the governor.
 MT. Rushton believes that the matter l of electing a senator for the short term !
 hence he is unwilling to make any an lnouncement of his candidacy until the I legal phase of the situation has beer
 adjusted.
 | Should MT. Rushton run for the shori term he will be opposed by Capt. Frank 1 $. White of Birmingham and probably | others, including Frank P Glass of Bir-
 mingham and State Senator Watt Brown of St. Clair county Captain White has already announced, and the many friends of MT. Rushton are urg- ling him to enter the race.
 l The Montgomery man admits that il
 is his ambition to go to the Senate, and 1 indicates that he may offer for the nomination. However, he is unwilline to do anything that might prejudice Oscar Underwoods cause or take any action in regard to his candidacy until certain legal questions have been set tied.
 Rushton's Statement
 MT. Rushton's statement in regard tt his probable candidacy for the short term was as follows:
 "Yes, as I have said before, my onl, political ambition has been to some day be thought worthy of a seat in the Uni ted States Senate by the democratic vot Fers of Alabama. It Is important tha the present vacancy in the Senate b. filled by an election by the people, ant 1t is also important that democrats b, allowed to express their cnoice at a pri mary.
 "The committee had adjourned when | arrived today on a delayed train, ant
 heard of the governors eleventh hou proclamation, calling the election for Ma, Il and the committee's call for a frs
 primary on April and 8 second primar,
 on April 20.
 'If the election is to he held on Ma, 1 Il, the partys nominee must, under tn, law, be certified to the secretary of stat, 30 days before. and to the various pro
 bate judges 20 days before the election Either the date of the election must h
 changed or the second primary is an i'm possibility.
 "The governor, in his communication |, the committed. may have contemplated only one primary. since only one can nov
 be held prior to May II. But since it ii
 so we'll known that the governor is
 strong advocate of two primaries, it mus
 be that he overlooked the plain mandate
 of section 372 of the code of 1907. whicl
 amended or repealed
 If the governor should be advised tha he has legal right to withdraw hi proclamation, and change the date iron
 May ii to some future date. then we vii
 know where we are. Until some chang
 is made by him or the committee, to an
 nounce for the short term is very mucl like shooting at a swinging target. am quite sure that there will be som change, either by the governor in hi ! proclamation or by the committee in it call for two primaries and until then prefer not to make any announcement.
 "It is too serious a matter to dispos
 of hastily. After mature deliberation
 will let my decision be known"