South Bend news-times. (South Bend, Ind.) 1913-1938, 1917-11-18
JUDGE FUNK
RULESCARSON
NAMED MAYOR
Recount of Votes TalIieS With
Original FigureS-ACker-
mann May File ExCep-
ti0nS.

Judge Funk in the circuit court
yesterday afternoon ruled against
Rudolph Ackermanu. democratic
candidate for mayor in the city
election. in the recount OF the votes
cast for mayor. and declared
Franklin r. Carson. republican
candidate. elected mayor of South
Bend.
The courts decision came after
Judge Funk had overruled a motion
cf Atty. Stuart MacKibbin TO dis
miss the proceedings. Atty. Mac
Kibbin's motion 20 dismiss was
made just before the noon adjourn
ment, but was not ruled upon un-
til the afternoon session of court
Atty. MacKibbin filed exceptions
10 the ruling Of the court. and it is
probable that bill OF exceptions in
the case will be filed by the attor-
neys for Mr.. Ackermann.
Following the law as laid down in
the statutes bearing on contests and
recounts OF elections where voting
machines are used. Judge Funk de-
cIared Mr.. Carson duly elected
mayor OF South Bend in view Of the
evidence according 20 the returns
as recorded by the voting machines.
that he received a majority vote
Machines Not Examined
During the inspection Of the ma
chimes and the reading of the re-
turns during the morning session Of
court, no attempt was made TO as
certain whether the machines were
pered with Nothing was done ex-
cept 20 read the returns as register
ed BY the machines.
All OF the mayoralty candidates
an the recent election were present
NJ the afternoon session Of court as
we'll as many interested spectators.
including city and county officials.
MacKibbin Baked.
Efforts OF Atty. MacKibbin to
bring out at the afternoon session
the fact that the top rolls on many
OF the machines were unlocked.
thus making them defective proved
unavailing. II IL said that the rods
on a large number OF the machines
had been broken in unpacking
them, and that this prevented the
top roIls from being locked. The eff
forts OF Atty MacKibbin 20 bring
this out also proved unsuccessful.
as well az did HIS efforts 20 bring
ont the further fact that 81 voters
lost their vote BY this defect I'm tho
machines.
II IS said that there were enough
other machines in good condition
that could have been used in place
He
were broken. and that this particl-
ler defect in the machines could
nave BEEN overcome.
A subpoena for City Clerk Harvey
ROesfser % appear with ali election
records IN court IN the hearing of
the recount was issued at the be
hest Of Atty. Stuart MacKibbin,
counsel for Mr.. Ackermann. II Is
charged that the poll book show
that more than 700 persons enter
"a the precinct voting places than
are shown BY the voting machines.
Failure 60 properly lock the ma
chimes before they were put in use
election day caused 81 persons TO
lose their vote. Il was discovered at
vhe recount yesterday morning. The
fop roll or machines. which is for
Use only IN the case of extra Candi-
dates. was left unlocked. The rolls
showed at examination yesterday
morning that 81 persons who desired
90 vote the democratic ticket lost
rf1eir votes owing 20 their not be-
frE registered by the machine. Vot-
a~s. 70 Is declared were told 20 vote
this roll when casting their ballots
FrrfrH "a fr frrtL-t ar
The recount or the votes cast for
mayor Nov. s began before judge
FUNK IN the circuit court at 9:15
o'clock yesterday morning. and by
Il O'Clock the votes are registered
~ the 90 machines had been re-
counted. The recount tailed in
every instance with the count Of the
official board.
When Judge Funk called the case
~ the petition OF Mr.. Alderman.
asking that a recount of the votes
cast for mayor in the recent city
election be made on the grounds OF
defective machines. and that they
had been unlawfully tempered with,
Atty. Thomas Slick. representing
Mr.. Carson in the contest, suggest
I'd that the taking OF other evidence
precedG the examination OF the ma
chimes
NncENibbin Opposes It.
Atty NacKibbin for the petition
err opposed the suggestion OF Atty
Slick. and insisted that the eNamina-
r-ou Of the voting machines ne
made before the other evidence was
considered
Atty. MacNiobin pointed ont THAI
CONTINUED On PAGE FoUR)