The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-27
TO SEAT MR.. GILBERT
ELECTIONS COMMITTEE OF THE SEN
Il REACHES A DECISION.
Evidence Completed and Arguments
of Attorneys Made Inst Night
Review of the Case.

from Laporte county. was unseated last
nlSht by the Senate committee on elections
and the seat given TO his opponent in the
late election, Uriah gilbert. A meeting Of
the committee was held at 10 o'clock after
the joint caucus. The decision of the COM
inlttee was reached after listening 10 a
brief presentation of the facts by Jeremiah
Collins. of Michigan City. who appeared
Tor Mr.. Culbert. and a lengthy argument
from Elder c. Weir, attorney for Mr..
Rogers. Senator'S Gostlin. Newly. Haw-
kins, Early. Wood and Johnston were pres
eht, Senator Humphreys alone being alb
sent after the hearing the committee
went into executive session. A vote was
taken and Senators GOstlin. Hawkins. Now
by, Early and Wood voted TO unseat
Rogers, Senator Johnston alone voting in
the negative. The committee will proba-
bly, report its recommendations in the case
this morning.
In presenting the case of the contestant.
Mr.. Collins said ii was oontended that
twenty-three votes were u~nlawfully counted
for Rogers, besides which Mr.. gilbert
claimed that at least five voters who would
have voted for him were prevented from
voting. AS shown by the official returns
Mr.. Rogers received 1855. but deducting
49, IA Z NOltS lIItSdlIN counter IOT
him. the returns should have given him
$3.50 votes. On the face OF the election re-
turns Mr.. gilbert received 1850. With the
hVe votes which were prevented from being
cast added he would nave got 4.54 votes.
a majority OF nine. On the face of the
election returns Mr.. Rogers's majority was
seventeen.
Mr.. Collins went through his brief. show
ing the Sna0ifin .aacao IN x.Ls.I A. 1T
laws were violated and votes illegally
counted for Rogers. In the first precinct
of the First ward in Michigan City a Dem
ocratic ticket was counted for all the can
didates, although ii had been stamped three
times within the square containing the
rooster. In another instance Thomas Dolan.
a Republican clerk. made affidavit that he
was compelled to change the election sheets
which deprived gilbert of two votes. An
other Democratic ballot was counted al
though the names were stamped and not
the squares. There were other instances of
this sort. John w. Rose. a resident of In
annapolis, went to Michigan City to So
licit for a building and loan association a
few weeks before the election. He voted
there, although he was a nonresident. de-
earring he could not afford TO go to Indian
apolis. Before the election he claimed to be
a Democrat and worked for the party. Ref
egence was made 10 several others who
NCNtbse NlO ltOAllt Cldttl - l1Etl lIldI
was stamped only in the square opposite
the name of kreuger, the candidate for
Congress. was counted throughout for the
Democratic ticket. Two men who boarded
at the Blair House voted at Michigan City.
although the hotel was outside the city
limits. An affidavit was filed from one of
the county officers showing the hotel was
not in the city. Afidavits were before the
committee covering every charge or illegal
voting in the twenty-three cases i'm Michi-
gan City and the rural precincts OF the
county. In reviewing the votes which had
not been permitted 10 be cast. but which
would have been for Culbert, Mr.. Collins
cited the case of four voters in the first
precinct of the Fifth ward OF Michigan
City. On both poll books two of them were
classed as doubtful and two as Republicans.
The affidavit of James Billings. the Demo-
cratic sheriff. showed the polls were not
opened early enough 10 allow them TO vote.
In three other cases legaI voters were
though they were entitled 10 vote. and all
would have voted for Culbert. This made
n total of seven. but Mr.. Collins said they
would not insist on the two votes shown by
both poll books to be doubtful. They did
claim that the twenty-three votes illegaly
counted for Rogers and the nLe not re-
corded for Culbert made a difference or
twenty-eight. enough to elect the latter oy
a majority of nine. Rogerss alleged ma
Elder c.. Weir opened his argument by
declaring the election held last ran In Id,
porte county was one OF the ialres' anu III
cleanest elections ever known there. he
said that of the forty-nine precincts the
Renublicans had a majority of the election
officers in all but three. And yet, he said:
the claim is made that illegal voting had
| zone on. He declared that no objections
were raised at the time of alleged VIOLA.
tions of the law, and no annotations OF
such violations had been made on returns.
Another significant fact, he SAID, was tEat
Culbert wrote a congratuiatory letter 10
Rogers, congratulating him on MS success
ful election. Mr.. Weir was permitted 10
read the letter referred to, although the
time for taking testimony had closed. lie
conceded that there We're a numDer OF
| votes claimed by Culbert which had not
been successfully rebutted. and yet after
they were all accounted for ne salo MT.
Rogers still had a majority OF eighieen. ne
said the evidence taken before the com,
mission showed eight votes that snoulu
have been counted for Rogers were I'M
| properly excluded. In the Dolan case ne
said il was rather absurd for Dolan TO say
he was compelled to change the sheets, as
the RepubIicans had the machine in that
precinct. As to the Blair House case ne
said the record showed Blair PAID city
taxes and that there was a statement from
the CITY engineers showing the Blair House
was within the limits OF Michigan city. he
took I'D the cases of the nonresidents ana
said the p~reponderance or the evidence
showed they were not nonresidents out
were legally entitled to vote. In his argu-
ment Mr.. Weir asserted there were many
Republicans who did not vote for CulDert.
Senator Newly inquired whether Cuibert
had run ahead or behind his ticket? Sr.
| Weir admitted he had run ahead OF his
| ticket. but declared that was because many
Democrats voted for him.
As II was almost midnight, Mr.. Collins
waived the right to close and the commit
tee went into executive session. Its delib-
arations were brief and but one vote was