The weekly Republican. (Plymouth, Ind.) 1911-1922, 1912-02-22


such jury, as to whether or not the
successful candidate, or any political
committee or treasurer, or sub-trease
urer, or political agent acting for or on
behalf of such candidate, was 80 guilty
of corrupt practices, with the secretary
of state, together with the transcript
| of the evidence and the secretary OF
state shall thereupon submit the same
to the governor of Indiana, when the
election is for the president or vice
president of the United States, on
when the election is for representa-
tive in congress, shall submit the
same, certified under the seal OF thu
state, to the speaker of the house OF
representatives; or when the election
is for a member of the state senate
shall submit the same to the president
of the senate of the State of Indianas
or when the election is for any state
officer or judge of the circuit, supe-
rior, criminal or probate court, or q
prosecuting attorney, or representa-
tive, to the house of representatives Oh
| the general assembly of Indiana. In
case such petition relates to any other
| Office than those above referred to, the
trial Judge shall file with the governor
his decision the finding verdict
OF the jury In cases where there has
been jury trial, as to whether or not
the successful candidate, or a political
committee or treasurer or political
agent, acting for or in his behalf, was
guilty of corrupt practices, and said trial
Judge shall also file with the governor
his decision, and as to whether or not,
upon the findings in such case, such
election was void as hereinafter pro-
Vided In case the decision or finding
SO to be filed with the governor shall
be that any successful candidate so pc
titioned against was in person or In
| the person of a treasurer or sub-treas-
urer or his political agent, Or through
any political committee acting for or
In his behalf, so guilty of corrupt prac-
tees, such election shall be void. ex-
cept as hereinafter provided, and in
case of such void election, the govern
or shall, within five days after the re-
ceipt of such decision, issue his proc
lamation declaring such election void.
and the vacancy in the office to have
been filled by said election shall be
filled in the same manner would be
/ required by law In case said vacancy
had arisen from the death of the sue
cessful candidate after his election. If
any candidate shall have been so found
or decided to have been so guilty in
person of corrupt practices, he shall be
ineligible to election or appointment to
any public Office or employment for q
period of four years from the date OF
said election, but the mere finding or
decision that his political agent was so
guilty shall not render him ineligible
to Office; but where the judge shall de-
eide or certify upon his finding in any
case that any such successful candi-
date was guilty of corrupt practices
only in the person of his agent, and
that (a) no corrupt practice was COM
mitted by the candidate personally
and the Offense was committed con-
trary to his order and without his
sanction or connivance; (b) the Of
tense was of trivial, unimportant
and limited character; te) in all other
respects such election was free from
corrupt practices on the part of such
candidate and of his political agent,
then the election of such candidate
shall not be void, nor shall the candi-
date be subject to any ineligibility
! therefor. An appeal to the supreme
court of the State of Indiana may be
taken on questions of law from any de-
ieS0 r-~Io Ia
lie Office or employment of any such
candidate.
Costs, Witnesses and Documents
Sec. Ia. The courts in which such pc
titions shall be filed shall have au-
| thority to tax the costs as in equity
cases, and also to subpoena witnesses
and require them to testify as in other
civil cases, and to compel by subpoena
duces tecum the production for exam
ination of any books or papers of any
kind, or of any other thing which may
be required or desirable In the conduct
of such inquiry. In any proceeding
held under the provisions of this or
the preceding section, no Witnesses
shall be. excused from answering any
question or producing any book, paper
or other thing on the ground or claim
that his answer or the thing produced
or to be produced by him, may lend to
incriminate or degrade him, or render
| him liable to a penalty, but his answer
or the thing produced by him shall not
be used in any proceeding against
him, except in prosecution for per-
jury In so testifying.
Prosecuting Attorney-Duties.-Se
Is. It shall be the duty Of the prose-
| cutting attorney of each county of this
| state to prosecute, by the regular
| course Of criminal procedure any per-
son whom he may believe to be guilty
of having violated any of the provi-
sions of this act within the county or
| district for which said prosecuting at
torney may be acting as such, or any
resident of such county who may have
violated any provisions of this act In
such county or in any other part of
the state. And In any criminal prose-
cution, under this act, or for violation
Of any Of the provisions thereof. no
witness, except the person who is &C.
cused and on trial, shall be excused
from answering any question or pro-
ducing any book, paper or other thing
| on the ground or claim that his answer