The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-23
READY FOR THE RECOUNT.
The Courts Decision Regarding the
Manner Of ConductingI 1t.
James McHugh. S. R. Holt and Judge Lamb
Selected as the Commissioners, and the
Recount to Begin on Monday.


Yesterday forenoon was consumed in the Cir
cult Court Judge Ayres presiding, in hearing
the Cottrell and Ripley petitions for recount of
the votes for mayor and those for aldermen il
the second district, pertaining to the candidacy
of Ripley and Pritchard. Byrum & Beck. Judge
Holman and Byfeld G. Rowland represented the
petitioners, and Peelle, Taylor 6 Hawkins ap
peared for c. S. Denny and Alderman Pritch-
ard Arguments and cross iring'began at once
after the Judge granted the prayer of the petit
toners This related to the personnel of the three
commissioners who are to conduct the count.
The attorneys for Mr.. Denny presented list OF
names. both Republicans and Democrats, any Que,
two or three of whom they would accept as
commissioners. The gentlemen so named were
William j. Holiday, Thomas l.. Sullivan, James
McHugh, Michael A. Downing Chris. Brink and
L. B. Swift as Democrats, from which to consti-
tute majority of the board and Rufus K.
Syfers, William Wallace, Court Vancamp, COL
Sam Merrill. Charles Schurmann and Judge
Lamb, from whom Republican commissioners
could be selected. On behalf of Messrs Cottrell
and Ripley. only three gentleman were suggested
Smith Myers, Philip Gapen and Sterling R.
Holt To the last named Mr. Pritchard objected
on personal grounds. he believing that that gen
tlemen had been very active in opposing him dur
ing the late campaign. AS to the other two. it
was claimed by Mr.. Denny's attorneys that it
was their design to have the board relieved Of
active politicians. They were willing to accept
any two Democrats they had named. but de-
INJURED strongly to the appointment of either
Mr.. Myers or Mr.. Gapen. Without protest both
tn fho 1f
James McHugh, but in selecting the
second Democrat some difficulty occurred,
because Thomas L. Sullivan. suggested both
by Mr. Dennvs side, and the court was strongly
objected to by John E. Sullivan, chairman of
the Democratic central committee. He said his
namesake had Republican Endorsement, which
was one objection, but the strongest reason he
claimed was that Thomas L. did not vote for Mr..
Cottrell. By telephone Thomas L.. Sullivan
said he could meet the requirements as to voting
for the Democratic candidate for mayor, but he
would not serve. Mr.. Pritchard. withdrawing
his objection to Mr.. Holt. after Major Mitchell.
ma med by the court, had also declined that
gen tleman was accepted as the second Demo
cratic commissioner. For the Republican
member of the board Judge r. N. Lamb was
selected. Following this considerable talk upon
the rights and privileges of watchers occurred,
but as it was possible this would recur in the
action was taken. and the court adjourned until
afternoon in order to give the attorneys time to
prepare their entries.
About half past o'clock the lawyers again
appeared, fully equipped to contest for any posi-
BILE privilege the law might allow Judge Hol-
man read a form of entry which his side desired
Omittng formalities, it simply related to the
appointment of the commissioners, the time
when they should begin the recount, and to filing
with the county clerk certificate stating the
number OF votes each candidate represented IN
these proceedings received. 1t is also mentioned
that besides the commissioners there should he
present at the recount. the four candidates for
mayor and the aldermanic candidates in the
Second district. Mr. Peelle objected to this
entry because it did not meet the requirements
OF law relating to a recount He read the stat
ute bearing on the question, and presented a form
which supplied material omissions in the Holman
FORM One Of them was that the law required
the clerk of the Circuit Court, either in person
by deputy, to act clerk of the board of re-
count. Another related to the absence of any
requirement of the commissioners qualification
for their duty by the clerk of the Circuit Court,
and still another that they should continue in
session until the work was completed, and GER
tilted report of their work had been fled pursu-
ant to law But above all, the Holman entry
failed to provide for watchers witnesses of the
count, two to be chosen by each candidate. The
presence of these witnesses, who, In this in.
stance, would number twelve is especially pro-
vided for in the statute. The Peelle form of
entry made provision that the witnesses should
conduct themselves IN an orderly manner, and
on no account have voice in the proceedings,
nor the right to handle the ballots.
Judge Ayres inclined to the form presented by
Mr.. Peelle. and ordered that the entry should pro-
vide for the witnesses under the restrictions
named. Mr. Cottrelrs lawyers objected to the
conditions placed upon the watchers or witnesses
They claimed that their use merely as spectators
deprived of the right to examine the ballots
would be of service witnesses in any possible
contest. The judge, however, thought the law
was explicit in regard to the witnesses; that
they had no voice or right in the proceedings
beyond the character of spectators; but they
could examine the ballots without handling
them. or rather, they had simply the privilege
of inspection. The Democratic attorneys thought
q sufficient inspection could not be had without
handling. but the judge said that handling of
ballots by the witnesses would simply be impos-
sbe, if not Illegal for it would take each ballot
through the hands of twelve persons aside from
the commissioners The entry was perfected in
pursuance of Mr. Peelles suggestions. The re-
count will begin at o'clock next Monday morn
ing.