The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-11
A REBuKE TO JUDGE BROWN,
Supreme Court Unanimously Reverses
the ShelbyviIIe Case.

The celebrated fight over the election OF
member of the City Council of Shelbyville
was settled yesterday by the Supreme Court
in favor of the Republican member, Ed
ward O. Weakly, whose seat was contested
by the Democratic candidate, VIM. r. wolf.
In May. 1896, the Republicans elected half
the members of the City Council and the
mayor thus giving them control of the city
for the first time in its history This
amazed the Bourbons of Shelbyville very
much, and they Immediately sought some
means of overturning the verdict of the
people. In the Fourth ward Weakly mad
been elected by very narrow majority,
and his election was attacked upon the
ground that eleven marked ballots had been
voted and counted without protest, and
only two of these We're for the Democratic
candidate.
Weakly demanded a change of venue and
Judge Edgar A. Brown, of this city, was
named as specialb judge to try the case.
Weakly asked a change of venue from the
county to get away from the bitter Demo-
cratic influence of Shelbyville, but this was
denied Judge Brown tried the case and at
first refused to admit the evidence of the
election judges and then later admitted it.
The case was decided against Weakly. This
decision was reversed by the supreme Court
the opinion written by Justice Howard. the
only question at law upon the merits OF the
case was whether 1t was competent Tor the
court to go behind the returns and inquire
into the nature Of ballots that had been
counted and destroyed without being pro-
tested. The court decided that 1T could
not. On this subject the opinion says:
THE tally-SheetS. and certhcateS or the
election officers are made conclusive rec
ord as to how the undisputed ballots were
cast and counted, and that they were le-
gally so cast and counted. But, to guard
against the possibility of error in counting
wherever there is "A question of mutilation
or distinguishing marks it is provided that,
on protest, such ballots shall be preserved
for future examination"
The portion of the ballot law relating to
the destruction of ballots is quoted, and the
opinion continues
The intention of the law is here clearly
manifested as we think. 1t is that all I'M
disputed, unprotected ballots shall be de-
stroyed before the adjournment of the cleo
ton board The words relating to their de-
struction are most emphatic, that they
shall be destroyed by totally consuming by
fire. as if it were the determination of the
laWmaking body that no VeStige Whatever
of such ballots or their appearance should
by any possibility be left. If 1t had been
the intention of the Legislature that any
evidence should be given as to those ballots
which had been counted without protest
from any member of the election board, it
would never have been provided that such
ballots, showing on their face and without
the possibility Of a doubt how they had
been voted, and what marks. if any, We're
court TO determine, as best it could, from
the uncertain memory of one or more mem-
bers clerks of the election board, weeks
or months afterward. how such ballots had
if any, were such as to make the ballots Or
any of them illegal