Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-12-30
VOTING DEAD MEN
IN SAVANNAH RACE
CHARGED IN COUR |.
Campaign Manager
Sends Names of 20 'Vot-
ers'' to State Vital Statis-
tics Bureau

here today when information came
from Atlanta tending to show that
the names of dead persons were
used by voters in the mayoralty pri.
mary here December IL.
1t was learned that the state bu-
reau of vital statistics, on the re-
quest of Stephen N. Harris, cam
paign manager for James M. Rogers,
who was defeated in the election by
eight votes, had mailed to Mr.. Harris
certified copies of death certificates
of ten persons listed as voters in the
primary.
Mr.. Harris had submitted a list
of twenty-six names, and the bureau
is said to have reported on thirteen,
ter being positively identified, with
three more which possibly might
have been of the same persons, there
being a difference only in the mid
die initials. AS the bureau was es-
tablished only three years ago, it
was impossible to say whether the
other thirteen names were Of per
sons alive or dead. OF the thirteen
reported on, four died in 1922, and
the others died in 1919, 1920 or 1921.
Name of Infant
One name was that of an infant
born January 25, 1922. and dying
January 26, 1922. One name was
that of a negro man.
Mr.. Harris s president of the
board of trade of Savannah, a past
president Of the Rotary club here,
and in the recent primary was one
of the six aldermen elected on the
Rogers ticket.
Arguments on a petition for man
damus to compel a recount of the
ballots in the primary were being
heard here today in Chatham supe-
rior court by Judge Peter W. Mel
drim. The action was taken by Mr..
Rogers attorneys, and is directed
against the old and the new city ex'
ecutive committees. 1t is alleged that
there was fraud in the election
through the use of ringers
and by voting of the names Of dead
men and women.
The attorneys Of the faction of
Mayor Murray M. Stewart filed gen.
eral and special demurrers when the
case was called, and the entire morn
ing was consumed in arguments on
the demurrers. If Judge Meldrim
sustains the demurrer, the case will
then have to go before a jury SO
that the facts may be determined.
1t is supposed that the certificates
furnished Mr.. Harris by the state
bureau of vital statistics will be in
troduced as evidence if the contest
is heard on it's merits before a jury.
To get the ten, or thirteen, votes
thrown out so as to affect the pri-
mary result as declared by the eX
ecutive committee. it will be neces-
sary for the Rogers faction to prove
that these names were voted. The
ultimate aim of the contestants is
to force the opening of the ballot
boxes for a recount so that it s--~.."
be legally established that the names
Of deceased persons were voted.
1t is contended in the demurrers
that Mayor Stewart should have
been made a party to the proceed
ings, that the superior court is with
out jurisdiction or legal right to hear
the case, which is solely a party is
sue, that the allegations are vague
and indefinite, that mandamus is
common law remedy and not a pro
ceeding for equity jurisdiction, and
that Rogers had his day in court
when he appealed to the city Demo
cratic executive committee and his
petition was denied.
The regular election for mayor is
January 8. An independent candi-
date must declare his intention by
January 4 and be petitioned by one
third of the white registered voters
of the city to make the race. There
are more than $4,000 Of these. There
has been no evidence SO far Of
determination to run an Independent.