The Birmingham age-herald., 1921-11-06

the city of Birmingham.
 Upon final recount the petitioner asks that the court will judicialIy ascertain what candidate was elected to the office 10 succeed the success sor of the successor of the eommis- sioner' whose term expired on the first Monday in November 1915, the commissioner of public safety, and that certificate of election to such candidate be issued If upon final count of all ballots cast in the cleo ton 1t appears that Thomas E. Street received a majority of the votes cast Tor the office of commissioner to succeed the successor to the successor whose term expired the first Monday Tn November, the requests that a cer- tificate of election be issued to him certifying that he is elected to the office for which he qualified and for which he received a majority Of the ballots cast for that office.
 None Legally Elected
 Mir. Street alleges that no one has been legally elected commissioner of public safety since 1915, as candidates for this office should specify that they want it. and as the law pre- scribed. The suit was filed by Erie Pettus, attorney for MT. Street and k Is alleged that the contestant quail fled as candidate to succeed the successor to the successor of the com missioner whose term expired on the first Monday in November l915- namely. Judge A. o. Lane. as pro- vided by law.
 It is averred that Street a defeated candidate in the city election. re- ceived numerous ballots in the cleo ffHn hue hot counted nor properly certified in the election returns. He alleges that upon a recount of the ballots cast. it will appear that he received a ma Jority of votes cast for the office for which he was a candidate.
 Request Refused
 MT. Street ayers that on Septem- ber 26, he asked the election commis- sion of Jefferson county to have his name printed on the ballot as can didate for the specific office for which he had qualified. This request was refused he alleges and again on October l, he made the same demand In writing on the commission he ayers but received no reply He fur ther alleged that the election com mission of the city of Birmingham after the first election October 10, failed to certify that he had received any ballots for the office for which he was candidate. and in the run-off election. October IT. no ballots were cast for the office of commissioner to succeed the successor of the suc- cessor whose term expired the first Monday in November. 1915.
 The contestant ayers that he made a written demand on the election commission of the city on October 19 to iSSua him rartifipata of ton to the office for which he was candidate. MT. Street alleges that the commission refused to certify the election of any commissioner to that position in that no votes had been certified in the returns as having been cast for any such office.
 Expense Accounts
 It IS further alleged that certifi- cates had been issued to the four commissioners, w. B. Cloe, W. L. liar rison, Mrs. Mary Echols and w. E. Dickson. but the contestant ayers that at that time final expense &C., counts of these candidates with the exception of MT. Dickson, had not been filed as required by law and that the issuance of certificates to the candidates other than MT. Dickson was for that reason, among others. premature and improvident.
 Mir. Street further ayers that he was the only candidate for the office of commissioner in the recent election whose statement of candidacy was accompanied by petition signed by at least POO qualified electors, re- questing him to become a candidate for the office sought in which petit tion the signers set forth their names in full and their addresses. The con testant alleges that neither Mir. Cloe, MT. Harrison. Mrs. Echols or Mir. Dickson filed statement of candi- dacy accompanied by 200 qualified electors who requested that they be candidates for the position sought re- spectively by them in which the sign CTS of the petition set forth their names in full as required by law.