The Birmingham age-herald., 1924-03-24
MUSGR0VE HEADS REFUSE TO ENTER BALLOT PROTEST Will Not Accept Evins' Invitation Is Decision
 Announced Sunday RENEW EFFORTS
 TO SHOW. FRAUD Plan To Carry Fight Against Underwood To
 National Convention

Birmingham managers of L. B. Mus grove announced Sunday night that they would not take advantage of the invitation of R. B. Evins, state democratic committee chairman, to file their complaint of the Mobile county election. Evins, charged with holding al ''rump'' session of the subcommittee 70 avoid receiving this complaint, de- clared on Saturday that the protest might be filed with him within 15 days.
 Simultaneously with this announce. ment, the presidential primary attacks, which have centered largely upon MT. Eyins, took new twist Sunday as the forces of L. B. Musbrove, defeated candidate, continued to assemble their data tending to prove fraud in the county elections.
 One tip which may bring Jefferson county under close scrutiny was re- ceiyed by Musgrove managers here, al- though 1t was announced that this ap- peared to be merely the charge that a number cast ballota who. had not paid poll taxes.
 Ma1Of Uevea0pments
 Among the major developments of the day which were issued in informal statements by Musgrove lieutenants were
 1. Decision to take no official recog- milton of the invitation" of Evins to file with him their election complaint for Mobile county.
 2. Reports said to sweep Bibb, MOn- roe,' Dallas and Fillmore counties into fraudulent vote class.
 8. Statement that prospect of legal claim for election contest was highly improbable" denied.
 4. Musgrove speakers prepare to take stump in Mississippi
 5. Announced determination to carry fight to democratic national convention in New York regardless of further out come in state election examination.
 In deciding to pay no attention to Evins' ''inyitation" that the complaint charging election fraud in Mobile could be filed with him at any time, Mus grove managers again took occasion to attack the committeeman's connection with Underwood forces.
 r"Evins had to say something in his official capacity as state chairman" Phil Painter, one of the Birmingham cAmpaien managers for MusgrOve, said. 4sWe are sincere in believing he dodged us on the day of the subcommittee imgetiuR because ile x6S afrafa of gtlE complaint. After that alleged gather ing we made an appointment to meet him in his office at 80 o'clock. We were there, but no Evins.
 pEawa Nhau0afl Be cause he ducked it's we do not believe it would be beneficial at this time to 20 ahead with what we in- tended doing before. Our idea was to get official recognition of the com plaint before the committee and then follow it up with affidavits from other counties. Now, however, we are col lectinK all the data we can get 50 as to find out just where we stand"
 Painter denied the statement that a legal claim for an election contest was highly improbable"
 ''Of course" he asserted, i've do not know yet whether all the fraudulent ballots are going to cut into Under woods majority enough to figure how Musgrove would have chance or not, but from what I can gather it would not surprise me in the least if 1t did"
 Painter then made public some docu- ments from Dallas county tending to show that number of men and women voted twice in the election. He also reports from Monroe. Bibb and Fillmore counties where charges of fraud followed similar to those con corning Mobile county.
 Gibson To Jasper
 "We find the rawest work where the wettest vote is," he added.
 Horace Gibson, Musgrove campaign manager, left Birmingham for Jas per Sunday evening preparatory to en- tering the Mississippi election cam paign. Thes election is to be held there April p. Copies of the Advance, a Musgrove organ, containing reports of the affidavits arising from the Mobile election, are to be circulated among voters there.
 Regardless of the further outcome of the election probe, the managers of Musgrove declare they have enough data to carry the fight before the demo- cratic national convention. It is prOba- ble that the legality" of the March primaries will be stressed largely in this fight.