The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1878-04-17
vestigated and declared valid, and that he be

vestigated and declared valid, and that he be
placed In possession ofthe Office.
Sec 3. Upon the filing of the complaint
with the clerk of the court, if in session, or
IN not In session any one of the justices thereof
shall direct q summons 10 issue TO defendant
and be served upon him by the marshal, to-
The summons shall requiie the defendant to
appear and answer the complaint within
tue time fixed by the court the
service of summons. The claimant
shall also be served with certified copy of the
complaint, and he shall thereupOn be entitled
to appear I'm person or by counsel, or IN prose-
cution OF the action IN connection with the
Sec. /. The defendant may answer the com
plant by asserting his own title or denying the
title of the claimant, both. II ne
fail TO appear and answer within the time pre-
scr1bed the case shall proceed as upon gen
eral denial OF complaint. The issue thus made
shall be tried by the court unless the court
shall determine that the parties are entitled 10
have a jury in the case, and the same is
not waived. If a jury, in the opinion
OF the court be required, and be not waived by
the parties, Ii Shan consist OF twelve persons,
selected as follows: The names of the chief
justices, or the presiding justices ofthe highest
courts of the several states shall be placed in
a box, from which "a names shall be drawn by
the clerk in the presence OF the court
or Or, chief Justlee,p and the -
shall be summoned to Washington, and from
those attending l. shall be taken by lot 10
serve on the jury: They shall be required 10
hN-eNN
questions of fact submitted TO them without
undue bias. No other qualification shall he
req uiIed of them.
Sec. 5. II the supreme court be in session al
the time the issue is formed as mentioned in
the previous section il shall designate Il day
upon which the trial shall commence, not
later than two weeks from that time, except
by consent of the parties or further time be
required to summon jurors, and from the COM
m5ncement of the trial until its close all other
business of the court shall be laid aside If court
be not in session when the issue is Joined il
shall be the duty of the chief justice to call a
session OF the court for trial of the case, to
commence within 30 days thereafter, and at
such called session the court shall possess all
authority and jurisdiction necessary to a tlial
of the title Of the defendant and OF the claim
ant, and enforcement OF its Judgment there
on.
/ Sec. G. The clerk shall issue subpoenas
/ upon the request Of either If the parties for
/ witnesses TO attend before the court and testi-
1 served in any part of the United States by the
marshal OF the district within which the wit
ness may be, or by any deputy of his, or by
any person appointed by the marshal of the
! supreme court. On the trial copies OF the GER
uilcateS issued TO persons as electors,
those received and those rejected, and OF
! votes cast by them, shall be admit
ted in evidence from the Congressional
/ Record in which il printed with like effect rs
. original and certified copies OF rapers before
. the canvasSlng or returning board OF any state
I the action OF which board is brought in ques-
I ton. Under issues Ia the case shall be received
/ in evidence with like effect as the original
The Investigation Of the court shall be limited
TO the validity of the action of the
canVassing or returning board of amy
state by whose determination the appoint
ment OF electors was declared TO have been
made, in receiving, rejecting and counting the
votes returned 10 them, and To the competency
or eligibility Of any person declared TO have
been appointed an elector, or appointed &c
fill n supposed vacancy IN the electoral
college, 10 act such elector, and
in such Investigations the court shall
receive evidence tending to show forgery
ialslty, invalidity, error OF any certificate o
any governor, canVasSer, other officer
whOmsOsver.
Sec. s. The judgment of the court shall b'
rendered within ten days after the verdict o.
the jury, or close OF the argument i
there DE no jury, ana The ludg
ment may determine the right both Of
the defendant and of the claimant, or any
right OF the defendant, as justice snail require
IL the defendant be adiudged not entitled I,
the Office he shall be excluded from il, and i
the claimant shall be adjudged to it he may
Immediately. on taking the required oath
enter upon the execution of the office.
Sec. o. This act shall take effect immedi
arRlV