The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-06
AFTER THE RAsCALS.


Judge Woods Instructs the Federal Grand
Jury to at Once Investigate the Frauds.
At conference of citizens during the morning
iswas determined to call the attention of Judge
Woods to the frauds, and this was done, and as
the case is in many respects similar to that in
Chicago in which Joe Mackin figured so con
spieuously. the Judge, when the facts were
placed before him, at once gave the matter at
tention, and in the afternoon called the grand
Jury before him, and delivered the following
special charge:
Gentlemen of the Grand Jury-In consider
alton of representations and requests made to
me as Judge of this court, l find it my duty to
call your attention especially to the statutes de-
timing certain offenses against the United States
in respect to the election franchise. By Section
65l1, it is provided among other things, as fol-
lows
W at any election for Representative or Delegate in
Congress, any person knowingly by any unlaw-
ful means induces any officer of election officer
whose duty it is to ascertain declare the
result OF any such election, or give make any GER
fihcate document evidence in relation thereto. to
violate or refuse to comply with his duty, or any law
regulating the same or advises any such voter,
person officer to do any act hereby made crime,
omit to do duty the omission of which is hereby
made crime attempt to do so, he shall be pun
1shed by fine and Imprisonment. one or both.
sand by Section 55l2, among other things:
duty to perform in relation such election in
tanning announcing declaring the result thereof,
or in giving or making any certificate document or
evidence III relation thereto knowingly neg!ects
fuses to perform any duty required by law, violates
a. duty imposed by law. or does any act unauthor-
- 1zed by law relating to affecting such cleo
tion the result thereof (relatng to aecting)
any certificate, document or evidence in relation
thereto; if person aids, counsels procures
advises any such voter person officer to do any act
hereby made crime or to assist any act the omission
of which is hereby made crime every such person
shall be punishable in like manner.
''Section 5515 reads as follows:
Every officer of an election at which any Repre-
sentative Delegate in Congress is voted for, wheth
er such officer of election be appointed created by
OF under law authority of the United States
by under any State, Territorial dstrctor municipal
law authority, who negects refuses to perform
any duty in regard to Such election required of him by
any law or who violates any duty so i'm
posed. who knowingly does any acts thereby
authorized with intent to affect any such election
the result thereof who fraudulently makes any
false certificate of the result of such election m regard
to such Representative or Delegate who withholds,
conceals or destroys any certificate of record
CURED by law respecting any such Representative
Delegate, who neglects refuses to make and
turn such certificate required by law who aids.
counsels procures advises any voter person Of
eer to do act by this any of the preceding
tions made a crime. to omit to do any duty the
omission of which is by this any of such sections
made crime or attempts to do so. shall be pun
shelby imprisonmentafor one year or fined 81
000 or both.
Section 5403 reads in this wise.
Every person who wilfuy destroys or attempts to
destroy with intent to steal destroy, takes and
carries away any record paper or proceeding of
officer of such court. any paper, document,
record filed or deposited in any public Office, with
any judicial or public officer, shall without refer
ence to the value of the record paper document or
proceeding SO taken pay fine of not than $2,-
900, or suffer Imprisonment at hard labor not more
than three years, or both.
Besides these provisions. which declare speci-
fed acts and omissions to be crimes. there is an
other section-5440-which defines criminal con-
spiraeies. 1t is as follows:
IF two more persons conspire either to commit
my ofense against the United States, to defraud
bhe United States In any manner, for any purpose,
and of such parties do any act to effect the
object of the conspiracy, all the parties to such con-
sniracy shall be liable to penalty of less than ST.
600 and not more than $40, 900, and to mprison-
+. Inent not more than two years.
These provisions you will observe. in go far
as they relate to the election franchise, are con.
fined to elections for Representatives or Dele
gates in Congress, or elections at which Repre-
sentative or Delegate in Congress is voted for
1t is this fact which brings the subject within
she powers Of Congress to regulate, and within
che jurisdiction of the federal courts to enforce
such regulations as Congress has enacted. 1t is
not necessary, however, IN order to make vio-
lation of the law, that the acts committed
shall have been of such character as to change
or affect the result of the election in respect TO
Representative or Delegate in Congress, or that
1t is only necessary thar the forbidden act or
conduct should have been in respect TO an cleo
ton at which Representative or Delegate in
Congress was voted for.
1.-THE particular charge which has been
brought to my attention is that, tally sheets. and
perhaps ballots, used at the election just held in
this city and county have been improperly tam
pered with aud altered If this has been done,
all who participated directly in the act, and any
who aided, counseed, procured or advised it's
commission, are guilty, and IL proper evidence
can DO obtained indictments should be returned
accordingly. Or If the evidence shall disclose
some other form of ofenss. you will make your
return according to the facts.
You will, of course, understand that your in
SestiRations upon this subject are not meant by
The court TO be restricted TO any particular
charge county This charge is mentioned
only because it alone has been brought to nv
attention. 1t is your duty to investigate any
Ease or charge brought TO your attention in such
way as to seem to you worthy of consideration
1.-THE district attorney. by reason of having
recently made particular study of the statutes
TO which here call your attention is especially
well prepared TO give you such assistance as you
viii need from him in any Investigation which
you shall determine to prosecure
II leave the responsibility 18th you, gentle
men. not doubling that you full appreciate tho