The Birmingham age-herald., 1916-05-11
Merritt Apparently Victor in State by Substantial MajOrity-Kennedy Com ing Strong, However
FIGHT IN TENTH
 WILL PROBAREY BE
 DECIDED IN COURTS
Burr and Smith in Relative ly the Same Position With Smith Apparently Victor. Congress Unchanged

Additional but still incomplete re- tuns to The Age-HeraId from the pri- mary of Tuesday received yesterday fail to alter in any material respect the inferences drawn. yesterday morn ing by this paper from the early re- turns.
 The situation in the Tenth district
 has not been cleared up in the least by later returns and it is certain that the question of the winner will eventu- ally be stetled in the courts Captain Hobson has announced that the result will be very close and that in the event the majority is given Bankhea6 he will immediately file a contest
 In a formal statement issued in Jas per last night Captain Hobson de- clared that he had not been given equal representation at the polls and that in some precincts he had not been allowed any. He claims to have carried Walker Pickens, Marion and Fayette with a majority of 69. There are yet a few boxes to report to the Hobson head quarters.
 William B. Bankhead has issued a statement thanking the voters of the district for their support and claiming the victory by approximately zoo votes He claims to have carried Walk er Marion. Lamar, Winston and Frank
 lin with majority of 15S. There are still some few boxes to be heard from. MEDDVuvI. \ x15JNrNTTp In the race for president of the public service commission definite figures are still unavailable. but it become in- creasingly evident that Henry P Mer- ritt has been elected by substantial majority. Mir Kennedy is making a strong race and there is still room for
 the result to be changed. Should this
 happen. however, it would be regarded ] as a political miracle and 1t is regarded as sssure5 that Merritt as neen elected. Indications are that Merritt will carry lthe following counties by substantial
 majorities Jefferson, DeKaIb, Butler.
 Baldwin, Greene, Houston, Tallapoosa,
 Hale, Marshall, Macon and Tuscaloosa Returns from many other counties are Iinconclusive.
 1 Kennedy will carry by small majori- ities the following counties: Dale, | Walker, Mobile, Autauga, Calhoun, Tal- ladega, Chiffon, Montgomery, Lawrence. Lowndes, Bibb, Dallas, Blount, Perry, Crenshaw. The number of counties car ried by Kennedy, it is indicated, will be more than overbalanced by the heavy vote given Merritt in the larger counties of the state. The situation in the Burr Smith race ] for national committeeman is not so
 been settled. Last night with many
 boxes still to be heard from Smith had good lead If he maintains his rela- tive strength over the state that he
 has shown in the scattering returns so
 far available it looks as if he was
 sure winner.
 SMITH COUNTIES ] Reports to The Age-Herald indicate
 that Smith will carry the following countless
 1 Mobile. Autauga, St. Clair, Calhoun,--
 Baldwin, Jefferson. Tuscaloosa Mont
 gomery, Lowndes. Greene, Dallas, Bar
 bour, Perry, Sumter Macon and Madi-
 son.
 Burr is leading in the following coun-
 ties:
 Walker. Blount. DeKalb Chiffon.
 Morgan, Lawrence. Houston, Randolph.
 Tallapoosa. Marshall. Hale. Shelby and
 Talladega.
 | Smith failed to hold his early strength in Talladega county and Burr was the
 victor there by heavy map6rity. | For the court of appeals Judge Pel-
 ham and Judge Brown appear to be well
 in the lead with Bricken and Knight 1 fighting it out for the remaining seat | in the order named.
 | Judge John C. Anderson and John H. Wallace. Jr., had little difficulty in de- l feating their opponents for chief justice
 of the supreme court and fish and game commissioner respectively | In only one congressional district was 1 there any indication of change in the 1 indications of the early figures and this was in the Seventh where Congressman
 John l.. Burnett is being hard pressed l by l.. B. Rainey and Watt T Brown.
 Dispatches from Gadsden indicate that ! it may be necessary to count the second
 choice votes, of which very few were cast