South Bend news-times., 1917-11-09
SAYS MISTAKE
PUT OPPONENT
INTO OFFICE
Democrat Also Charges That
Voting Machines Were Tam
pered With UnIaWfuIIy
on Election Day.

Charging that the voting ma
chimes used lin the city election
here last Tuesday were defective
and were tampered with unIawfulIy.
Rudolph AckeTmann, democratic
candidate for mayor of South Bend.
through his attorney, Stuart Mac
Kibbin. filed a petition in the circuit
court Friday afternoon contesting
the election OF his republican Op-
ponent. Franklin r. Carson. Ac-
cording 90 the returns Carson was
elected by a majority OF So Acker-
mann asks u recount Of the votes as
cast. averring that n such recount
were made that the result would
show he received a majority OF the
votes cast for mayor.
The petitioner further states that
there was a mistake committed in
the official count of the votes report
ed by said voting machines in each
voting precinct in the city.
Judge Funk set next Monday
morning at the opening Of court as
the time TO decide on the date for
hearing Of the petition, which was
presented at the behest OF the demo
critic central committee.
Following is the petition az pre-
sented 20 the court.
Comes now Rudolph Ackermann,
and shows to the court that hereto
fore on the 9Th day OF November,
A. H. 1917. pursuant TO. and in ac-
cordance with the laws OF the state
OF Indiana, an election was held in
the city Of South Bend. Indiana. and
that at said election this petitioner
was a candidate for the office OF
uavor ~ said city. That he had
been heretofore duly nominated as
the candidate OF the democratic
party for the office Of mayor. and
was at said election the candidate OF
said democratic party for the office
of mayor. That there were but two
other candidates for said Office OF
mayor namely Franklin r. Carson
who was the candidate OF the repub-
Iicau party, and Frank J. McClave
who was also candidate for said
office OF mayor. and that said three
named persons were the only can
didates voted for at such election
Tor the office OF mayor. That at the
time of said election this petitioner
was "a citizen OF the United States
81 citizen and resident OF the state
Of Indiana; a citizen and resident OF
the second precinct OF the first ward
in the city of South Bend, Indiana,
and a. such citizen and resident was
qualified TO vote az said election 50
held as aforesaid. and did so vote
at said election.
And this petitioner says that ac-
cording 20 the return of the election
officers Of the city OF South Bend
in said city election. there were re-
ceived and counted for this petit
riouer for the office OF mayor. 4.66S
votes. and no more, that there were
received and counted for the con-
1estee. namely. Franklin r.. Carson.
t120 votes and no more, and that
fhere were received and counted
for Frank J. McClave, SIS votes and
no more. That this petitioner and
said Carson were the two leading
randidaes and received the highest
number OF votes returned as cast,
ry the board OF election commits
sioners. or canvassers- of the city of
south Bend. Indiana.
This petitioner further says rEa,
voting machines were used at said
CITY election In the city of South
Bend. Indiana. az said election. that
said voting machines We're az the
slime and at all times. have been
owned by st. Joseph County, In-
diana. and We're 10y said county
loaned 20. and used by the city Of
south Bend. Indiana. at said city
election so held as aforesaid.
Contests Election.
..This petitioner further says tha'
gsere are. and were. ON said elec-
tlor. % voting precincts In the city
a. south Bend. and no more. and
that the voting machines owned oS
81 Joseph county and loaned oS
said county 90 the city of south
Bend. as aforesaid were used Ia
each and All or the voting precincts
~ the city of South Bend. iu the
.ffv election as aforesaid. and thai
30 votes were cast either los this
petitioner or by any other voter or
s.Iector ln the city OF south Bend