The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-04-15
SPECIAL SESSION OF COUNCIL.
THE CONTESTED ELECTION
IN THE THIRD WARD.
The Ballots RecOunt8d and Mr..
SemOnin Ahead
The Case Continuedg


Council met at 2P.M. Present
Mayor Walker aud Counciimen Stein
bach, Hopkins, Van Ripper, Hodson,
Orr, Stumpf, Steineker, Wiltshire.
and Doughty.
Mr.. Chandler rose and stated that
the Council had met, he understood,
to hear and decide upon the contest
in the Third Ward, and were sitting
as a court, and announced that him
self and Gen. Shackelford appcaredas
attorneys for Mr.. Semonin, and, as the
first business in order, would like for
the witnesses who had been summon
ed to be called aud sworn
At this iuncture Major Blythe
Hynes appeared on the part of Mr..
Van Ripper. and asked and obtained
leave to file the following protest.:
In the matter of the contest CT Eccles q.
Van Ripper, as Councilman from the
Third Ward OF the city of Evansville.
Before the Common Council Of The ctty Of
Er0nsUsite:
The contestee, X. G.. Van Ripper,
protests against further proceedings
in said matter, by the said Common
Council, because he says there is no
statute Of the State or ordinance Of
said city, authorizing the said Com
mon Council to proceed In said mat
ter. b. q. VAN RIPPER.
Mr.. Hynes then proceeded to dis
euss the question. aud said that the
Council could do nothing In the mat
ter. There was nothing in the stat
utes that gave the city power to de-
termine in cases like this. The
Council had no power to compel the
attendance of witnesses. Suppose
that Van Ripper should desire to
prove that illegal votes had been
cast for Mr.. Semonin, and could not
get his witnesses to attend, how were
they to be forced to appear? Mr..
Hynes declared that the Council
could not act unless by ordinance or
resolution. A corporation could only
remove a member for causes shown,
but this was case to decide whether
Mr.. Van Ripper was a member or not
Mr.. Chandler raised the point that
Van Ripper had no right to sit on the
Board during proceedings in his case.
Mr.. Van Ripper showed back his
chair, and took no part in the pro-
ceedings.
Mr.. Chandler then replied to Dir.
Hynes' s proposition, and said that his
argument crumbled beneath It's own
weight. The Charter Of the city of
Evansville was somewhat different
from the Constitution of this State
or the United States. He quoted
from the eity ordinances to prove the
fallacies Of the arguments Of Mr..
Hynes. He said it did notreauire
any ordinances or resolution to give
this Council the right to examIHe TIE
ballots and tally papers. The Char
ter gave the righttO any citizen to ex-
anime them at any time within three
months after the election. Mr. Scans-
lin had been summoned to appear and
bring the ballot box, but had not
done so. If it was necessary, they
could do as Congress had done, and
appoint committee to wait on Mr..
Scantlin, and count the ballots. Mr..
Chandler held that the law was plain.
aud that the Council had full power
to count the votes, and If they found
any mis- axes to rectity them.
General Shack elf0rd then spoke on
the question. and held that Mr.. Hynes
conceded away all his argument The
Council had no need ofswitnesses. All
that was necessary to be done was to
count the ballots over, aud find out
who received majority Of the votes,
and give the seat to the person who
had received the majority.
Hynes again SPOKE, and the whole
gist of his argument was that Mr..
Semonin could do nothing. 1t was
necessary for motion to be made bv
member of the Council Ia order to
remove Mr.. Van Ripper.
Mr.. Hopkins asked Mr.. Scantlin if
he would bring the ballots.
Mr.. Scantlin replied that he had
not refused to do so.
Mr.. Orr said that was the point he
wanted to get at. All that he thought
was necessary was to examine the
ballots, as he thought that would de.
termine the matter. 1 ~
Major aynes thought Mr.. Van Ri
per should have chance to summon
Mr.. Hopkins said that when the
ballots were counted, if witnesses
were necessary they could send for
them.
Mr.. Wiltshire then moved that they
send for the ballots and count them
Carried.
Mr.. Scantlin then went and brought
in the ballot box and tally papers.
The Council agreed to count all the
tickets.
Mr.. Chandler asked that the tally
papers and poll books be examined
first, and the total number of votes
cast be ascertained, and the number
cast for each candidate.
Messrs. Wiltshire and Doughty were
appointed to count the votes.
Messrs. Steinbach aud Stumpf were
appointed clerks.
1t was agreed that all Objectionable
and doubtful votes be laid aside to be
disposed of afterwards.
The counting of the votes was then
proceeded with, which resulted as
follows: Semonin, POS; Van Ripper.
205; Stackhouse, l.
The Council Their proceeded to ex-