The Indianapolis journal., 1902-02-09
An Alternative Writ of Mandate Is
sued Upon His Petition by
Judge Allen.
CHARGES In THE PETITION
WORKINGS OF THE LAST GENERAL
ASSEMBLY REHAsHED.
The Petitioner Charges that There Is
Personal HostiIity Against Him
Mr.. EIIiott's Statement.

Judge Allen OF the Circuit Court, yester-
day issued an alternative writ of mandate
to compel Charles n. Elliott, chairman Of
the Republican county central committee,
and the board of primary election commits
sioners of the Republican party to place the
name OF Joseph a. Minturn, Republican
candidate for the nomination for joint SEN
ator of Marion and Morgan counties, on the
ticket to be voted on March IA, in the pri-
mary elections. or show cause why it
should not be done. The petition filed in
behalf Of Minturn arises over the construc-
ton of the new primary election law
which provides for direct vote at primary
elections, but leaves it optional with the
committee of the parties as to whether or
not the primary shall be by direct vote or
by delegate convention. Minturn alleges
that Elliott refused to accept his name and
place it on the ticket upon the representa-
ton that the nomination for joint senator
would be made by delegate convention
The petition AYERS that the Republican
country central committee, when it organ
lied Jan. 80, passed a resolution that all
nominations by the Republican party in
Marion country, either for county or town
ship Offices including legislative and judi
cial offices, should be made by direct vote.
Minturn says that on Feb. he wrote a
letter to Elliott notifying him that he de-
sired to be a candidate for the nomination
for state senator for the counties of Ma
rion and Morgan, subject to the will of the
primary election, and asking that his name
be placed on the ticket. He ayers that
Elliott refused to place his name on the
ticket or turn 1t over to the election COM
missioners, but stated that the central COM
mittee had decided to make the nomination
for joint senator by delegate convention,
and that the board. of which he is chair
man, would determine the representation
for each precinct
MANNER OF PROCEDURE.
The petition here sets out that the relator
is without remedy in law other than by a
writ Of mandamus, and that, although
said Republican central committee of Ma
rion county, Indiana, had the discretion of
determining whether all the candidates
shall be nominated by direct vote of the
electors at a primary election. or by dele
gate convention. yet it has no discretion in
determining that part of said candidates
shall be nominated by one method and a
part by the other method, and that
said committee having determined by it's
Jan. 20, 1902, TO nominate all of its candi-
dates by a direct vote of the electors at a
primary election, IL has no power under
said statute or otherwise to make the nom
inaUion of state senator for Marion and
Morgan counties other than at said pri-
mary election TO be held on March ii, 1902.
Said relator shows TO the court
that by reason of the foregoing facts any
nomination by said Republican party of a
candidate for said Office of senator for
said counties of Marion and Morgan made
by a delegate convention will be null and
commissioners will have legal
authority to place the name Of the Repub-
lican candidate for state senator for Nor
gan and Marion counties nominated by
such Illegal delegate convention upon the
ticket TO be voted upon at the November
election of 1902 but will be subject to a
writ Of injunction sued out by a legally
nominated Democratic or other candidate
for such Office"
The petition says that prior to the last
session OF the General Assembly nomina-
tions were made by delegate convention
such fraudulent and corrupt pratices had
been devised and put into full operation by
professional politicians by the corrupt use
OF money and by the aid OF what are COM
monty known as 'ward-heelers, 'repeaters
grafters,' leggers' and 'pluggers' that the
constantly and effectUally subserved" TO
such an extent that both political parties
passed resolutions against the method
THE MINTURN BILL.
The petitioner states that the matter
was finally taken up by the State Fedora
tIon OF Labor, and with the assistance of
the commercial clubs of the State drafted
a bill which became known as the Min