The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-21
VICIOUS ELECTION METHODS.
Opinion Of Judge Johnson in Reference to the
Cincinnati Election Frauds.
Columbus 70. Special.

Columbus TO- Special.
Judge johnson, who dissented from the opin.
ion OF Democratic majority of the Supreme
Court gave his opinion to-day TO the public
For vigorous English, good law and citation of
precedents, it has never been excelled from the
bench, az least in this part of the country He
says:
THE theory that where returns bear the i'm
press Of being false, forged and fraudulent. when
the canvassing board knows they are stained
with crime, and that the courts have no restrain
ing power, is monstrous; it subverts the direct
right Of the citizen by destroying all the powers
of az honest vote, and gives the clerk absolute
control. 1t is a fundamental principle that
every citizen and every public officer, however
high In grade, is amenable to judicial control.
1t was but few years since that the Governor
of this great State was arrested by the sheriff of
an adjoining county, and compelled to stand at
the bar of the court and plead a common
criminal. He did not claim, nor could he claim
exemption from obedience to the mandates of
the court. Less than five years ago this court
issued its alternative writ OF mandamus against
the Governor of Ohio and the Secretary of State,
actlng as returning board, commanding them
TO make the canvass for certain office IN a par
tlcular way, or show cause why a peremptory
mandamus should not issue. Neither the Gov
ernor, the Secretary of State nor the Attorney
general, who represented them in court, pre-
sumed to claim that these high officers we're ex-
emptfrom the control of this court because they
were members of the canvassing board. 1t has
been reserved for these modern times to estab-
llsh as rule that there is one man, in Hamilton
county, who is above all law and all control,
who can count in or count out at his imperial
will and grant certificates of election, and the
courts are powerlesS to direct him. There is no
remedy at law for candidate who is deprived
OF his certificate of election. His right to this
certificate, if he be legally elected, is clear.
contest is to try the title to the Office Man
damus is the remedy TO determine the title to
the certificate"
After giving about fifty citations he continues:
citations without number to the same effect
might be made. but 1 deem it unnecessary.
These already cited are so conclusive and I'M
answerable that no attempt has been made to
explain them. 1t was wise that no such attempt
has been made. These authorities clearly estab-
lished the proposition that the Circuit Court
should have overruled the several motions to
quash and the demurrer to the amended petition
on the ground that it had jurisdiction and power
to control the canvassng board and direct 1T as
to what returns to canvass where, upon their face,
IL appeared their was fraud and forgery, or that
they Were not in due and regular forms This
court has been unable to agree upon this ques-
ton, being equally divided (Mcllvane ABSENT;
hence the court PROCEEDED to consider the several
specific allegations in the pec.0on relating to
large number of voting precincts. AS TO THESE
the majority has reversed the court beCV upon
each and every point, the ground that the ca
wasting board could not be controlled by the
court; although, as they admit, there is
upon the face of the returns, or upon one of
them, at least--that of Precinct A. Fourth ward
strong suspicious of fraud, still, they say, the
board could not be controlled in canvassng
These frauds in Fourth ward, A, are apparent
from an inspection Of the face of the returns
They not only furnish "a strong suspicion Of
fraud and forgery, but demonstrate beyond all
cayll or controversy that it was false fraudulent
ana forged. With all due respect, it seems to
m hon Af H.
Will convince any man, be he lawyer or lay
man, that this return was conceived in fraud,
born IN iniquity, and nurtured to cheat the hon
est voters of Hamilton county by ma ority OF
the canvassing board, which thereby made itself
co-consplrator In consummatlng the crime"
The Judge analyses the returns in the Fourth
and Seventh wards. and gives fac smile of the
l26 with the figure on top of the to make
1t 3, and concludes as follows: II think the
court erred in not rejecting the entire returns as
frasl1le2t upon the face. But having decided
to distribute this excess, occurred to the
prejudice of plaintiff in error or those he repre-
sented, the Democratic candidates for the sever
al Offices. In conclusion, my regret at this de-
cision Is deeper than can be expressed in words
1t is an apparent. if not real, sanction of fraud
OF the most atrocious character, crimes that
If continued, will utterly sap and de-
stroy our representative system of gov
ernment 1t is no comfort to say
that contest by the Senate of Ohio
furnishes an adequate remedy, especially since
by counting these frauds the party benefited
thereby gets the control OF the body which is to
sit in judgment On the contest. They obtain
their certificates by means of fraud and forgery;
this entities them TO become members of the
contestng body; this entities them to sit and
vote IN their own cases or the cases of each
other, and it would be miracle if they or those
who affiliate with them politically should sur
render control of the Senate by ousting them
selves however strong the case may be for the
contestants. Such thing is unheard of in
contest by political body when successful
contest would surrender the control of that
body to it's political opponents"