The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-22
FEDERAL ELECTION LAWS.
The Important Questions Involved in
the Orange County Bribery Cases.
The Argument Yesterday Before Judge Woods
by Major Holstein and Judge Turpie on
q Motion to Quash the Indictments.


the Orange county citizens charged with at
tempting 10 bride voters at the last election was
argued before Judge Woods yesterday after
noon. The defendants are John McBosley. Jo-
Eeph Moore, Eeazer Pierce, Thomas Ritter,
John Stout. Amos Stout and Alfred Holiday.
The case involves many interesting and funda-
mental questions Major Charles l.. Hostein
Represented the defendants His argument was
shat the Cnited States statute, under which the
Indictments are drawn, rests upon Section 4,
Article OF the Constitution of the United States.
The war Observation-Disclosures fourteenth
and ffteenth-haye nothing to do with it. He
conceded the constitutio-ality OF the statute
and the jurisdiction of the court Of all offenses
named in il, but contended that the offenses
CHARGED in the indictments do not come within
che statute. The election for Representative In
Congress is held under the United States laws
and the election for State and To-
cal officers is held under State laws.
For convenience both elections are held at the
same time and place, ana are conducted by the
same officers, but in law they are really separate
elections In some States separate ballot boxes
are used-one in which ballots for Congressman
are placed. and one in which ballots for State
and local officers are placed In Indiana but
one ballot box is used, bnt the ballots are not
furnished by the State and there is no require
ment of law, that the ballot shall contain the
name OF the congressional candidate. Each voter
pay print or write his own ticket. or
ballot. and ne may print write upon it the
name or names of such candidates as he pleases,
and be may omit the names of any candidates
he pleases. There is no presumption that
voter voted for Congre ssman, because there is
no law requiring the ballot to contain the name
of the candidate for Congress
Mr.. Holstsin spoke at length the organiza-
ton and theory of the government, and the dis
tribution Of its powers between the two-citing
and reading numerous extracts from the FEEDER
alist and the opinions of Marshall, Chase, Waite
Rnd other United States judges. Ho gave an
elaborate history of the amendments and
the various statutes of the United States enacted
under them. He also read many opinions of the
federal judges constituting them. He closed by
reading about dozen cases holding that the
United States statute was limited to offenses,
which affected or concerned the election. or re-
built of the election of Congressman. The areu-
ment involved the consideration of the history OF
the government aud its theory as ex-
pounded by Hamilton, Madison, Marshal, Story
and other eminent CONNIE ntators and jurists.
Judge Turpie, the district attorney. in his
answer to Major Hosteln's argument. said that
the power Of Congress TO regulate the election
Of It's own members included the power to reg
ulate everything connected with the elections.
An election at which member of Congress was
voted for was federal election, notwithstand-
fng other officers were voted for at the same
time. Some time ago, he said he had felt that
the Legislature of the State had gone beyond
its authority iE the regulation of elections when
1t provided that Intoxicating Liquors should not
be sold on the day of election, He thought it
would have been sufficient for 1t to have
provided that such liquor should not be
bold to voters or persons intimately connected
with or managing elections. or if it had prohibit
ed their sale at or near places where elections
were being held. But it seemed to be stretch
In authority to make it impossible for stran gers,
travellers, and sojourners in a place where cleo
hous we're being held, and who had no possible
Interest In the elections to obtain Intoxicating
LIQUOR il they had use for such. But the SUI
preme Court of the State, when called upon to
enact such a law, decided that it was
a matter of such great importance to
preserve sobriety on such occasions, that
the Legislature should go to the extent that IL
did, So it is with the federal election laws.
Congress has deemed the purity of elections of
such vast Importance that it has determined to
punish so far as it can, all the corrupting in
huences whether they are brought to bear upon
the election OF its own members and delegates
exclusively or of others who are voted for at the
same time and place. It has brought under its
prohibition all bribing and corruptng of
votes that may be practiced at any
federal election with reference to any office.
He allnded to the fact that while the State has
u
common notoriety that crimes of this
kind are Frequently committed, and that pun
ishnent, or any attempt to punish, in the State
courts is extremely rare. He referred to the
cases OF Mackin and Gallagher, of Chicago, in
the argument OF which he had participated as
counsel for the defendants. He produced a
copy of the information in their cases, and
showed that it was amenable to the same criti-
csm made OF the indictments of the
Orange county cases by Major Holstein. In
those cases Judge Blodgett, whom he regarded as
a lawyer and Judge of eminent ability. held the
information sufficient. The cases were tried
some three years ago. and the ruling Of Judge
Bodeet: was reversed solely on the ground that
10 such cases the government could not move by
way of information, and only upon the indict-
ment Of o grand jury. He had labored in that
court to show the soundness of his views, as he
was doing here: In each case. he said he had
discharged the duty of the hour to the best of
his ability. If he should fail in this case, as he
did at Chicago. it would place upon him peculiar
embarrassment.
When the argument closed Judge Woods took
the case under advisement, and will render his
decision sometime during the week.