The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-29
THE PHSTERS ILLEGAL
CONTENTION of POPULIsT DAVIS, eff
BARTHOLOMEW COUNTY.
Obtains a Temporary Restraining Or
der Against Rosenh eimer-Outcome
of Mr. Warrum substitution.

heimer. chairman of the Populist state
committee, the pastors that are now being
printed to paste over the name or Ihomas
w. Force, Populist candidate for Reporter
of the Supreme Court, and containing the
name of Henry Warrum, Democratic can
didate for the same office The final hear
ing of the case will take place this morn
ing at o'clock. The suit was filed by A
C. Harris and r. o. Hawkins, on behalf of
Thomas Davis, the plaintiff. Mr.. Davis Is
a farmer of Bartholomew county, and is a
we1f-known middle-roader Populist- He is
man probably sixty-fve or seventy years
Of age, and presents the appearance or
substantial farmer, who has been prosper
Gus through his own hard labor. He Is
said to be the owner of considerable prop
erty in Bartholomew county.
The complainant hrst asked that William
B. Burford be restrained from printing or
delivering the pastors to Rosenheimer, but
IL was suggested by Judge McMaster that,
inasmuch as the case had not yet been
finally decided, and it was not known now
that decision would go, 1t would be better
to simply restrain Mr.. Burford from de-
iivering the pastors. but allow the printing
of them to proceed so they would be ready
for delivery IL 1t should be decided that
they might properly be used. There was
-
Harris and Hawkins. and the order was
entered in that way
The complaint is long one, containing
nine pages Of typewriter matter. 1t begins
by the statement that the PLAINTIFF, THOMAS
Davis. is a legal voter of the State, and
a resident of Bartholomew county, and that
he has a right to vote at the coming cleo
ton: that Rosenheimer is chairman of the
Populist committee, and that Burford Is
engaged in printing the pastors; that the
Populist party was entitled to and did make
nominations for the various State ottlces,
including that of Reporter of the Supreme
Court; that the nominations were duly and
properly certified to the State Board Elec-
ton Commissioners, and were printed on
the State ballots under the device of the
pillow; that the Democratic party is entitled
to, and did proceed in a similar manner to
get it's ticket on the State ballots, and that
there are other parties in the State that
proceeded according to law and secured the
printing of their tickets on the State
ballots.
The history of the case is then carried
on down to the final action OF the two DEM
ocratic members of the State board, form
ing a majority of it, in ordering that pas
ters containing the name of Henry Warrum
be printed and delivered to julius Rosen-
heimer to be placed over the name OF
Thomas w. Force on the Populist ticket.
The resignation of Thomas w. Force Is
set out in full, also the certificate OF Juhus
Rosenheimer that he had according TO law,
nominated Henry Warrum to fill the va
cancy This is followed by a copy of the
resolution adopted by the majority mem
bers of the Board OF Election Commission
ers ordering the printing Of the pastors.
The complaint then continues as follows:
"And the plaintiff is advised that the pre-
tended action of the said Board OF IIlec-
ton Commissioners IN 80 Iar aS e Tesie
nation and the filling of the vacancy ana
the preparation and Distribution or OF, the ne
by the law of this State in that behalf.
WANT TO VOTE FOR POPS.
And the plaintiff further shows unto the
court that thereupon and Immediately
thereafter, the defendant, Rosenheimer,
made arrangements with the defendant
Burford for the preparation and printing
of q numtSer of pastors containing only
the name of said Henry Warrum, equal to
the number of ballots provided as afore-
said for each of the several precincts
throughout the State; to wit, 100000.
which pastors are now being printed, and
when printed the said Rosenheimer gives
out, publishes and declares that he VIII
take and receive and distribute, or cause
SA%NNAO-N NON>N =
throughout the State when it convenes, as
many pastors as tickets provided for use
polling clerks at each and every precinct
to put of such posters over the name
Ct d u BEFORE thf the sad shall
sign their initials on said ballots as re-
quired by law.
court that there are a great number or
citizens and voters of the State of Indiana
in the various precincts throughout the
70 yhn hoy members OF
| the said Peoples party in SAID state, IN
Guiding the plaintiff himself, and that
| ple's party desire to vote at the ensuing
election for members only of that party,
to the office of Reporter of the Supreme
Court, and desire to vote fer member of
aid Peoples party for c said once Oh he
and plaintiff further shows unto the
court that unless. the said defendants be
prevented. restrained and enjoined from
| printing and the said Rosenheimer from
| receiving and distributing the SAID pastors
| and causing them TO be printed upon the
ballots as he has given out, publishes and
declares TO be his purpose, that the name
| of said Warrum, who is Democrat and
| not member of the plaintiff party, Will
| be pasted over the name OF SAID Force,
who was nominated as aforesaid as the
he, this plaintiff and all other members
| of his party, not desiring TO vote for q
Democrat for said office, will be prevented
| from voting for a member of said People
party to the Office Of Reporter OF the Su-
| prenie Court as aforesaid.
And further, as this plaintiff and a great
many other voters of the State of In
| diana belonging to the said Peoples party
| do not desire to vote for a Democrat at
| said election, in order to avoid being COM
PEELED to vote for the said Warrum, DEM
| ocrat whose name will be put upon their
| said ticket by paster, to refrain and avoid
| stamping their party device in the usual
| manner of vothing under the present law.
| but will be required to stamp the names
| Severally upon the squares TO the lett or
| the name of each candidate upon their
| ticket carefully emitting and refralning
from stamping the square to the left OF
| the name of said Warrum, as 1t may be
| pasted on their said ticket.
| WARRUM NOT A POPULIST.
| And plaintiff further shows unto the
| court that he is informed and believes and
| therefore charges the fact to be that the
! said defendant Rosenheimer as chairman
| Of the State central committee of the Peo-
| pies party, we'll knew when he assumed
| to nominate the said Warrum and cause
| his name to be placed upon the party
| ticket of the Peoples party that he, the
| said Warrum, was not a member OF said
| Peoples party. but was a member of an
| adverse political party; to Wit, the Demo-
| cratic party.
| And he is advised and therefore AYERS
| the law to be that the said Rosenheimer,
| as chairman of the said Peoples party.
| was not and is not authorized by law, OF
| his own will and volition TO nominate a
member of another and adverse political
! party any vacancy or place upon the
/ ticket of the PeQple'S party.