Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-12-05
HELM ASKS DELAY
ON BANKHEAD SEAT
Counsel Charge s11,531
Spent in Campaign DisquaIi-
fieS Alabama Senator-EIect.
By the Associated Press

BY the Associated Press.
Former Senator Heflin in a letter to
all Democratic Senators today asked
support for his contention that John
H. Bankhead, whose Alabama Senate
seat he is disputing, stand aside until
the Senate Elections Committee has re-
ported.
A Democratic conference yesterday
decided Bankhead should take the oath
pending further developments.
Hef1tn, who ran as an independent
IN the election in Alabama last year,
said he felt his position regarding
Bankheads seating had been misrepre-
sented to the Democratic caucus.
Asks Delay Only Until Report.
II have never insisted that Mr.. Bank
head stand aside until the contest is
concluded" he said. "All ask is that
ne stand aside until the subcommit-
tee can make its reports on the law
and the facts thus far developed to
the Committee on Privileges and Elec-
tons"
Chairman Hastings has reported to
the Elections Subcommittee that there
were widespread violations of election
laws In the Alabama election. The
subcommittee has not acted on that
report.
The Senate Elections Subcommittee
faced today the problem of deciding
whether campaign expenditures of
Sll,531 by Bankhead, when the Alabama
State law fixes maximum of $4,000,
dlsqualify him from taking the oath
g.
this issue to bar him Monday.
Helms attorneys argued the point
for more than three hours before the
committee yesterday and Bankhead's
lawyer was given time to reply today.
No effort will be made to have a re-
port for the Senate on the contest itself
by Monday, for 1t involves maze of
technical legal questions about election
laws and their violation. In fact, Chair
man Hastings of the subcommittee has
begun to doubt whether it will be DOS
sible to report Monday even on the
question Of expenditures.
Primary's Legality Challenged.
One other point may be raised. Hef-
lin has challenged the legality Of Bank
heads election on the grounds the pri-
mary in which he was nominated was
hAlAo WILL I1Io lh"ySlS suCd bile
committee yesterday that Bankhead' S
name was illegally on the ballot in the
general election. and that as Hef1in re-
ceived more than 100 900 legal votes, he
is entitled to the seat.
Frank A. Hampton, Helms attorney
argued Bankhead's expenditures during
the campaign were sufficient to disqual-
ify him under the State law.
Horace Wilkinson, another Hef1in law
yer, said that In addition to the funds
reported by Bankhead the Democratic
State Compaign Committee had spent
$4,000 to elect him and the organiza-
ton candidates for governor and lieu
tenant governor.
Says Voting Was Not Secret.
Senator Watson, Indiana, Republican,
asked II any illegality in the primary
was not wiped out by the voice of the
people as expressed in the, general
election
Wilkinson cited a number of legal
cases which he said disproved this
theory. One was a decision of the
Alabama Supreme Court throwing out
an election that 1t held was called
illegally.
Wilkinson also charged only two
counties complied with a State law
requiring that in towns of more than
1900 population voting booths must
be provided. He said this destroyed the
secrecy Of the ballot"