Arizona republican., 1920-10-07
WHEELERFILES CONTEST SUIT
 LIN NOMINATION
Charges Ross Was Declared Nominated for Secretary Of State Because of In- correct Count of Votes

NharxinE errors in tho counting of votes and the canvassing of votes by tar boards cf supervisors of all the .N-nttcs in tho state. Charles De Sales Wheeler. candidate for the Democratic i.pininaticn for secretary or state fin tse rrlrnary election held Sept. c. yes- teriay filcd "a contest in tho superior tcurt against Harry S Ross the suc- tNesfol candidate for the office. Ross aAa officially certified hy the secre- .arA of state as the nominee of the Nscfnoclatlc party for secretary of state rn tee hasis of the official canvass ef votes hy thc boards of supervisors at thc counties of the state.
 Whcelcrs complaint sets up five al- trEattons as grounds for contest. and EIalre that he received the highest .umner of votes for the nomination. Irn court Issued o summons Co Ross 4itnwinE him Gen days in which Co file ar arswer Go Che suit after the service ui the summons. Ross was served with tnt auumons by the sherifrs office late Arster1aN afternoon.
 Thc complaint names tho counties . rf Navajo. Apache. Graham. Yuma and :. eNarat as thc counties in which the rfnEt errors were made by the boards uf supervisors in canvassing the re- turns CT the election. Wheeler charges fn his complaint that the boards of q .'er cf votes to Ross than were in fact rrterrcd e. thc boards by the election nfficera of thc precincts in these coun- tIea Had au the votes cast for each rf the candidates been correctly nountca. Wheeler says in his com 'lalnt the result would have shown tkat he received more votes for the of I.0c than Ross and declares that he would have been declared as the party nerrince Tor Che office
 Wheeler win bc represented by F. C. efruc kwNscr and C. E. Johns of Phoe- six. who filed tho suit for him. F.. S Nfark of Prescott. candidate for tho uonlnation fer United States senator nn the Republican ticket In the pri- mary. wu be associated with Mir ~trurkmeyer as counsel fin the case Hr Clark formerly was attorney gen. e~n1 for Arizona and win look after tho interests of tho case iu Navapai county
 The official canvass made by tho eorrctarv ct state from the returns eent e. him by tho boards or supei tteora of each county following theh laavasa was fald Go have shown Ross srerfve1 v10a votes. Wheeler N5At' >enie A. Hayward. I7s6 and E. A farrnH s-s1. All sour sought the Iennocratic nomi.ation for tho office
 Tho particular allegations as grounds Cor the co-sest as set up py the eoin'
 
 rhat because of tho erroneous .,.trf of votes Ross received the high w eat number of votes. whereas in fac' Wheeler received the highest number
 a That in many precincts of every ..aurfv an votes cast for Wheeler were nod counted and that he received II many precincts more votes thai counted for him or certified as haVlnl hren received hy him.
 1 That ln many precincts dn ever! county. votes cast for Wheeler wer counted as though cast for Ross
 That in those precincts electioi afrrials counted votes as cast Tor kos which were not cast for him and certi rs.s that Ross received more votes thai .~tnnilv were cast for him.
 E That in Navajo. Apache. Graham s-..r~m nnd Yavanai counties man, .r~oru were committed by boards O .nrrrvisors in canvassing returns ranely. in accrcditing 70 Ross nor ..rf~a than were returned by electo offIccrs of the various election pre- eIncts.
 The complaint petitioned the coui tnmf Wheeler bc declared tho part rnr,iner and. further. that he Do per ..itfed to inspect the ballots for th anrposc of preparing for the trial
 f~. connection with the filing or tf .nntrut. Wheeler Issued tho foilowin .I~mea statcmcnt last night:
 ..rn the Voters of Arizona:
 s.On Sept. n. 1920, four days art ,nr Democratic primary, the figur rom official sources fin my possessi' t,rtffvinr such an action. issued erstemrnt through the Arizona Repul tfrar. acknowledging my nominate rn~ secretary of state on the Dem ~ -~ntlc ticket and thanking my frien a and supporters for their splendid e
 l.~-emcnt. The sentiments e ...~seed therein and upon that date
 .tn retain. The majority of my
 .~~~rta conceded by nomination a
 Inc leading newspapers or the sta
 rnhlahcd my name as the Democta
 ~mrlner for secretary of state.
 .At Inc late datc of Sept 2o "
 thirteen days after the primary ele
 Ion the figures in certain count
 -~.rned to undergo a magic change a
 th~ fnai count sent in Co the secreta 1 .r sfafrss office showed that had be N counted out.
 .Affer careful investigation, wh
 .s hrIrn continued at the persent tlr have ln my possession reliable inl' r..ffon that warrants charges of gr'