The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-11-10
JUDGE AYREss BALLOT-BOX.

JUDGE AYRES'S BALL0T-B0X.
If the illegal and unwarranted action OF the
men who broke open the ballot-box with a
Ratchet on the occasion of the aldermanic re-
count be not rebuked by the court in the de-
fiance and contempt of the dignity of which
it was done, there is every reason to believe
that grosser and more fragrant outrages will
follow. To put the best possible light on it,
it was most daring outrage upon the rights
of the people, as represented by minority of
the commissioners to make the canvass, al
though that one commissioner was appointed
in behalf of the majority of the people. The
court had given an opinion in writing that if
there was any difference of opinion among the
commissioners the matter should be submit
ted to him, when he would pass upon it.
This was kept back by the majority, or some
one working in collision with it, until the
Judge had gone out Of the city to hold court
at Danville. The Democratic commits
sioners then essayed to proceed
with second recount, which was
objected to by the Republican member
| After brief Consultation one of the Democratic
commissioners, without the semblance of au-
thority, so far as appears, and by means never
contemplated by law, took Ratchet and
broke open the box in which the ballots had
| been stored, sealed and locked, and proceeded
to second recount, something the law makes
! no provision for. The Republican commits
| sioner called up Judge Ayers by telephone
and explained the situation to him. lie re-
piled that the facts had been misrepresented,
and was evidently surprised, since he had not
been appealed to as his note indicated he should
be in case the commissioners could not agree.
The Democratic commissioners then took the
telephone, and with closed doors had talk
with Judge Ayers, the import of which could
not be ascertained. Returning to the room
where the ballots were, the extralegal sec
ond recount was proceeded with and COM
pleted without interference then OF since by
the Judge. 1t appears, therefore, THAI on ex
parte evidence he has sanctioned this extraor
binary and dangerous proceeding.
It were serious enough and bad enough were
| only the men interested who were candidates
in the late election. 1t is a grave thing to in
terfere with and overturn the will of the ma
jority, however narrow that majority may be-
But this case is infinitely more important
than this. If man or men may break
to pieces without the sanction Of law ballot
box in the possession of the court, the con-
tents of which are sealed and locked up accord
| ing to law to await the courts further pleas
ure, how long will it be until men are found
who will attack the ballot-box at the polls,
where the election is being consummated9
that there was absolutely no necessity for the
violence perpetrated in the aldermanic re-
count The ballots were there, every one of
them, sealed and locked up beyond the pos
! sibility of alteration and disturbance. If the
majority of the commission wanted second
| recount-a thing not contemplated by law
all they could do as law abiding men was to
appeal to the court for the privilege. AS CO.
partisans with the Judge they had appealed
to him during the preceding night, and by
false representations, came near persuading
him into acceding to their wishes A second
| appeal, made at 3 o'clock in the morning
drew conditional order from him, which he
| qualified by saying: II will make no order
without hearing both parties. If you can't go
on peaceably, or come to any unanimous de-
cision, let me know before 1 start for Dan
vile and | will come up there in the morn
ing" That was fair enough, but the men
who went for the order kept its contents, and
even its existence, a secret from the Repub-
licans until the Judge had left the city. They
evidently feared to submit the issue to him.
| When they felt that he was out of the way
| they Immediately began to ask for the ballots,
which had been duly recanvassed and filed.
and sealed and locked up. This the Repub-
| lican commissioner refused to accede to with
out an order from the court With an oath that
the court could be id, these men at once
proceeded to break open the box by violence,
and to begin second recount, in defiance of
the written order of Judge Ayers, aud with
out the shadow of authority, SO far as appears
of record.
Honest people maintain that this extraor-
| binary defiance of legal methods is not only
contempt of court, but an Incl tement to other
law-breakers to go to even greater lengths
The wait of a few hours at most, would have
brought Judge Ayers into court, where he