Arizona republican., 1920-10-08
W HE ROSS.
 CONTEST BRINGS ELECTION PUZZLE
Attorneys and Others See
 Possibility of Many Com
 plications Should Wheeler Be Winner In the Contest

Possible complications in the general
 election Nov. were seen by local at torneys yesterday in the contest filed | by Charles De Sales Wheeler for the Democratic nomination for secretary of state, Wheeler contending that an er roneous count was responsible for the |
 victory of H. $. Ross in the primary |
 election.
 l The complication most likely to de- velop, local attorneys agreed, might be l hypothetically stated in this manner:
 If the contest is not decided before i the general election, and if Ross de- 1 feats the Republican candidate, what will the effect be if Wheeler wins the contest?"
 While local legal lights were chary in expressing themselves except as to
 personal opinions without looking into
 the question, it was generally agreed
 that in the event Wheeler wins the
 contest after Ross has been elected,
 the election for secretary of state will
 be automatically nullified, leaving the
 office vacant, to be filled by appoint
 ment F. c. Struckmeyer Wheeler's
 attorney, shared this view.
 In case Ross wins the contest after
 winning the election, the contest will
 have no effect whatever, of course, all
 admitted
 |
 On the other hand, in the event F.. R. Hall, Republican candidate, defeats
 Ross. the contest will have no bearing on the election, no matter who wins 1t,
 in the opinion of attorneys. The possible result of the contest gained particular interest yesterday because of the nearness of the cleo tion. It was the general opinion that the contest would not be decided un- | | 9 ho | r in which to file his answer and only two weeks will then remain before | election day. MT. Struckmeyer said | that he would do everything possible to | expedite the case.
 | Asks for Opinion | Upon learning that the suit for con- ! test had been filed in the superior H court, Clarence LS Standage, clerk ol H the board of supervisors, asked tho H county attorneys office if he should HI withhold the copy of the ballot for the HI general election from the printer unti HI the contest was passed upon. K. HI Jarrott, deputy county attorney, in al HI opinion rendered on the matter yester Il day stated that the board should pro ceed with the preparation of the cleo H tion ballots, which are ready to b HI printed.
 H It had been the intention of Nil | Standage to send the copy of the ballo N 10 the printer on Wednesday night, bu II he withheld it until last night for tn III opinion from the office of the count H attorney The question of procedur HI in view of the contest proceedings H one that affects all of the counties HI the state.
 HI MT. Jarrott's letter to Mir. Standae HI Is as follows:
 HI Says Go Ahead With Ballots II Dear Mir. Standage:
 HI You have requested this office for a HI opinion upon the question whether II HI reported filing of a contest by c. HI Wheeler against H. s. Ross for Il HI Democratic nomination for secretal HI of state should in any way change il HI plans of the board in the matter of u III printing of the ballots for the gener HI election to be held in November. HI No papers of any kind have be, HI served upon your board at this tin III relating to the reported election col HI test. 1t is the duty of the board HI supervisors to prepare and provide HI the manner provided by law, ballo HI containing the names of all persor HI certificates of whose nominations HI public office have been regularly file HI Such ballots shall be printed and req III for inspection by the candidates a III their agents at leAst ten days befo HI kthe general election. (Section 29 HI Ariz. sC. C., 1s13)
 HI The board of supervisors shall eau HI to be delivered to the inspector of ca HI election board, one package containi III the ballots for the respective electi HI precincts. at least 4S hours before HI hour for opening the polls on elecu III day, unless prevented by some U HI avoidable delay 0 raccident. tSect
 HI 2944, Ariz. C. C. 19139
 III The general rule is that certific
 Ill of nomination, valid on it's face wi