The morning call., 1894-10-23
Blennerhassett's Petition
Defective.
THE SUPREME COURT RULES.
Citizens Non-Partisan Party's s
Demurrer Sustained.
A NEW PETITION TO BE HEARD.
Matters That Must Be Decided by
Noon To-Day, to Be in Time
for the Registrar.

The cases of Calvin Ewing, w. E. Lane.
E. IL. Bohen and p. A. Dolan for writs of
mandate com peiing the Registrar and
Election Commissioners to put them and
their nominees upon the ballot paper for
the coming municipal election. under the
head of "Non-Partisan" and anita. P.
A" parties, came up for hearing before
the Supreme Court in bank yesterday. but
without material result All these cases
must be decided by noon to-day, as, &C
c0rding to law, the Registrar must prepare
and issue sample ballot sheet Tonight
just one fortnight previous to the election
to come.
The Blennerhassett case was made the
test case, and an alternative writ of man
date having been granted by the Supreme
Court last week, returnable yesterday. all
the attorneys interested in the several
parties or factions at war assembled be-
fore the court yesterday morning. The
petition for a writ of mandate on behalf OF
the Bennerhassett Non-P Partisan party
was signed by Attorney II. l.. Gear. How
ever. as demurrer was interposed by the
Citizens Non-Partisan party this proceed
ing had to be disposed OF first.
The demurrer to the petition was pre-
sented by Attorney P. G. Galpin. who
claimed that the petitioners had not CON-
piled with the regular requirements Of the
law. He said that such decision must
needs be fatal error. and that under the
circumstances the Blennerhassett party
could be said to have no standing at all,
and must of necessity be disallOwed a
place upon the ballot paper al the ensuing
election. 1t was also complained that by
the adoption by the petitioners of the
words Regular NOn-Partisan ticket" a
fraud was intended to be committed upon
the public, and that in tending voters must
be wilIfully deceived thereby.
Mr.. Gapin's speech was followed by
brief arguments by Attorneys s. NJ. Short
ridge and d. J. Mahoney, who deprecated
very strongly the cause pursued by these
so-called Non-Partisan nominees. Their
action in lending themselves to a system
of fraud were vigorously denounced by
these attorneys.
Attorney Gear replied. He said that no
intention of fraud was in the minds of the
petitioners. Every requirement of the
law had been subs tan italy complied with
and the Bennerhassett party was entitled
to a place On the ticket. After little
further discussion. however, it was almost
admitted by the counsel for the petitioners
that the objections to the petition put for
ward by the contestants might be held TO
be fatal. and. If so. he would ask leave to
present an amended petition that very aft
erpoon, returnable forthwith.
81 think, under the circumstances. we
shall hava tn stain this domurrar -
Chief Justice Beatty. But without COR
sultation the court cannot now decide
whether or not an amended petition is
in accordance with proper form of pro-
cedure."
Mr.. Shortridge reminded the court that
under the law the Registrar was compelled
to prepare a sample ballot paper to be sent
around to electors within a certain num-
Der of days before the election. If the
BleUnerhassett party was to get place on
the paper and if the Registrar was to COM
ply with the law. then this question must
be decided by the court before another
day had passed.
The court finally decided to allow Mr..
Gear to prepare an amended petition and
adjourned court until o'clock, when the
result of the courts consultation would be
made known.
On resuming Chief Justice Beatty an
nounced that it was the unanimous de-
cision of the court that the Biennerhassett
petition was defective and that the writ
must therefore be uuashed. 1t had further
been decided by a majority of the court
that the proper practice in such case was
to file a new petition altogether. The
Chief Justice said that he himself was not
of this opinion. BE was of opinion that in
such a case an amended petition would
suffice; but he had been overruled by
majority of his colleagues. The writ,
therefore, would be Quashed, and Mr..
Gear had better file new petition forth
with.
"I understand that the court dismisses
the writ without prejudice" said Gear.
II will file new petition in the course of
the next hour, so that the court eau make
it returnable tomorrow morning."
Very well," said the Chief Justice,
What disposition is to be made of the
other cases?"
Mr.. Shortrdge asked that these cases
stand over until this morning to give him
time to make his return. He asked that a
decision be reached By u o'clock noon, so
that the Registrar might prepare his SAM
pie ballot papers in time. This was agreed
TO and the court adjourned until 10 o'clock
to-day.
At 4 o'clock in the afternoon the new
petition on behalf of Ewing and Lane was
filed In the Supreme Court 1t went in to
the justices in chambers at once, and after
consultation Chief Justice Beatty
granted an alternative writ of mandate re-
turnabe to the court in bank at 10 O'Clock
this morning. By noon it is expected that
the great question will be decided for good
and all.
Arr tc hav shOwp tho nritu of