The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-28

the votes in question. He could not act as ref
cree nor did be see how he could act now until
he had something before him in legal form. 81
do not see" he said, that have the power to
instruct the commissioners as requested
Mr.. Peelle-All we ask is time to prepare an
application for injunction. III your honor
cannot instruct them we ask twenty-four hours
to complete the application.
Judge Ayres-If had the power to withhold
the returns that length of time l would very
gladly do it. If the commissioners would listen
to me would advise them to withhold the re-
port until you can prepare your application.
Judge Holman-It is the purpose of these
gentlemen to reflect upon the acts of honorable
gentlemen Reporters are here to spread these
proceedings broadcast AS there is nothing
before the court we do not see what we have to
meet.
Mr.. Peelle---I ask for half hours time, if
the gentlemen will agree to withhold the returns
that length OF time.
MR. DRYER TENDERS HIS RESIGNATION
No answer was given to this, when Mr.. Dryer
asked the attention of the court. He described
his position on the board as only that of pro-
testing member. In fact he was no more than
watcher, and he, therefore, resigned his posi-
ton. He read the following:
MARION CIRCUIT COURT Room,
INDIANAPOLIS. Oct. 81 1885.
To the Honorable A q. Ayres. Judge of the Marion
County Circuit Court:
Sir herewith present my resignation as one of the
commissioners appointed by your Honor to count the
ballots for mayor of this city and for alderman of the
Second aldermanic district cast at the election
Oct 10, 1883 In doing so, permit me to say that l
feel driven to this by the very arbitrary manner
which majority of said commissioners have set aside
the will of number of legal voters and counted some
illegal ballots when they should not have been count
ed without the slightest reason for so doing. in my
Judgment.
The bursting open of ballotboxes sealed and locked
as agreed upon by the commissioners and as by law
required after count had been made thereof for the
reason without question: in my opinion that favorite
candidate had not received sufficiently high vote to
elect him, seems so dastardiy and outrageous upon
the rights of the people and in defiance of law that
do not longer feel it to be my duty to
moved regardless of law justice to obtain
their partisan ends might go further and speak of
the annoyance of the commissioners by outsiders in
attempting to count the ballots and of the submissive
manner in which the majority of the commissioners
have accepted the dctation of of the watchers
feel therefore, that l can be of no service in this
cause. either to the community or the commission,
| and trust you will accept my resignation at once
Yours, with respect, CHARLES A. DRYER,
Commissioner.
| The court refused TO accept the resignation
| Mr.. Byfeld characterized it as attempt to
break up the board, and did not believe the
court had right to accept it under these condi-
tions.
Mr.. Dryer, after much persuasion, decided to
continue in service as protesting member of
| the board
The Democratic attorneys declined to agree to
withhold the returns until tomorrow, upon
which Mr. Peelle gave them notice to meet him
at Judge Ayers's house at midnight. when he
would present application for Injunction
against the commissioners filing their report
In the meantime, the Democratic members
sought Clerk McLain, to file with him their re-
port, but he CURLY informed them that it was
after Office hours.
After consultation, and in face of the fact that
Clerk McLain had refused to open his office for
the filing of the returns of the commissioners
last night, Mr.. Peelle concluded, under the cir
cumstances, not to ask that officer to file the ap.
| plication for an injunction. He also thought
that there would be difiuty in getting the in
junction served before morning Further pro-
sceedines are therefore held in allegiance until
| some time to day.
| The commissioners at once began the re-
count on the vote for mayor, and up to 10
o'clock, when they rested for the night, the First
ward ballots had been canvassed without change.
| The second recount of the aldermanc vote in
| the Second district gave Denny 1875 loss of
two from the report of the official canvass, and
| Cottrell l, 7l3 a gain Of one.