The Birmingham age-herald., 1922-08-17
BENNERS, HOWZE AND ]ETER-WH|CH
 IS THE NOMINEE
Full Recount and Canvass of Votes Cast Is Suggestion Benners-It'S Up to the
 Committee

in reference to the nominations for representatives to the state legisla- ture from Jefferson county, Angus tus Benners suggests a full recount and canvass of all the votes cast for them in the recent primary.
 According to the official canvass MT. Jeter and Mir. Benners were de- clared the nominees for sixth and seventh place respectively. Later petition was filed before the county democratic executive committee to the effect that error had been made in the official canvass, particularly in the count of Precinct 37, Box Is, in which it was claimed the election of- ficials certified that Augustus Ben ners had received a total of 75 first choice votes and six second choice votes. The petition alleges that the vote for Benners in this box was only 45 first choice votes and six second choice.
 It is contended that if the proper count had been made Henry R. Howze would have been declared the nominee.
 Jeter Contest
 Yesterday a petition contesting the nomination of Mark l.. Jeter was filed with the committee alleged hat he was not qualified voter. that he had been single shotted, and that a number of votes counted for him were Illegal. The petition was filed by Lloyd G. Bowers. local attorney.
 MT. Benners in his letter suggests that Mir. Jeter. MT. Howze and him. self agree to full recount of the ballot; that the recount be made by three certified accountants, each con- testant to select one; that the re- count be made in the presence of the executive committee; that question of law be decided by one of the circuit court judges, and that all abide by the recount and canvass.
 On receipt of the letter from MT. Benners, MT. Howze issued state ment agreeing to the proposition set forth. MT. Jeter had not been heard from last night. although 1t was stated that he favors the suggestion of MT. Benners, whose statement fol- lows:
 Bennerss Letter
 "In view of the questions which have been made as to which of us has been nominated in the demo- cratic primary for representative from this county, I subjoin pro posai to dispose of these questions In this connection I wish to say that I had no personal representative at any voting place and none at the counting of the ballots by the county executive committee.
 .sWhen this counting was con- ciuded I was sent for by the county committee and my attention was called to all the corrections that the friends of other candidates asked to make which would decrease my standing. I conceded all these con tentions and was still nominated to the seventh place. No suggestion was made as to any mistakes in any other candidates votes which would de- tract from his total. Since this re- suit was declared further attempts have been made to find errors in my vote. I have not heard of any effort being made to find errors in the vote of any other candidate.
 q know no reason why, if mis- takes occurred in the figures affect ing me that they did not likewise occur in the figures of other candi- dates.
 In Lead by His Check
 At my request, MT. Albert Strat- ford. a competent public accountant has checked and added the vote Of yourselves and myself. which shows that, making the corrections at the Central fire station box, which 1t has been claimed since the result was declared should be made, l am still nominated by majority of 30 votes. Further examination of the returns shows that in practically every box single shouting was practiced.
 "A trial of contest by the county executive committee Is in many~re- .spects cumbersome. I am perfectly willing 1t should be done. but have the suggestion to make in the in- terest of fair play, knowing that none oe us desires to secure the nom- ination unless he were in fact nom- mated
 q suggest as the simplest way of disposing of the entire controversy that the three of us agreed to full recount and canvass of all the bal lots cast for us; that the recount be made by three certified public &C., countants, each one of us to select one: that this recount be had in the presence of the representatives Of the county executive committee ana of one person to represent each of uSt Indl any qucceioh VI A@ "AAt~AA may arise be submitted and ruled upon by any of the2 circuit 1udg>s whom we may select, and that we all be bound by the result of this re- count and canvass.
 T am willing to agree to any change in the above program which you may suggest in the interest of fairness, my sole desire being that it may be ascertained who has actually been nominated, and that 1t be done in simple, direct way. Very truly yours, AUGUSTUS BENNNERS."
 Howze Agrees
 Tn reply to the above letter Mir. Howze made the following state ment:
 "Just short time ago I was handed MT. Benners' letter and have rot yet had time to answer 1t. will say, however, that am in favor of any method that will accurately arrive at the correct result of the primary and the one MT. Benners surRests seems to me to be all right.
 eMy main desire is that the will of the people be ascertained by the executive committee and tho candi- dates receiving the largest number of legal votes be declared the nom inees. The people are entitled to have as their representatives Tn the legislature the candidates they iegaiS ly elect and the committee should use every means in their power 10 find out who these men are.
 MT. Benners' suggestion Is doubt less the quickest as well as simplest method to do this"