Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-04-09
NIBLACK OPENS
COURT FIGHT ON
PRIMARY LAW
Asks Mandamus to Have Bal
lots on Governor. Record
Second Choice.
RAPS CONVENTION RULE

Mason J. Niblack, candidate for
the democratic nomination for gov
ernor, today filed suit for a man
damus to compel the election COM
missioners of Indiana to prepare for
and record the second choice of the
voters of Indiana for the governor
ship in the May primaries.
The suit filed before Louis Ewbank,
Judge of the Marion circuit court IS
brought against James p. Goodrich. VIII
ham H. Thompson and w W Spencer.
constituting the election bonrd.
All the other candidates for governor
on both the republican and democratic
tickets are made parties to the suit IN
order that they may defend their sew
eral interests in the action.
Judge Ewbank ordered summonses is
sued for next Tuesday and viii hear
the suit then, owing to the necessity
for action on it before the ballots are
printed for the primary
The complaint is based on the theory
that the general assembly Of 1917 at
tempted 10 amend the primary act OF
1918 by an act which carried with II
q defective title and by reason of the
the act OF 1915 Is still in full force and
effect.
SUITS SUCCESS WOULD
LET PRIMARIES DECIDE.
Applied to the governorship :ace. the
establishment OF the complaint will be
of particular interest In the coming
prlma rles inasmuch as II probably VIII
result in the selection Of the candidates
for governor az the primary Instead OF
al the conventions Of the two parties,
as It has appeared the selection would
he made
MIR. Niblack contends that the law
provides for the recording ~ the hrst
and second choice Of the voters and the
nominee should be the candidate who oh-
tains the majority % the votes cast at
the primaries. giving consideration to the
second choice ballots as well as the hrst
choice.
Under the provisions Of the primary
law. as n was first enacted. the eau
didate receiving the least number OF
first choice votes was to be retired In
the canvassIng and his second choice
votes credited to the other candidates.
This process was to he repeated untu
the winning candidate had a majority
over all other opponents.
with this second choice feature re
peaisd, as it has been ruled by the elec-
ton commissioners, there Is little like
lihood that the primaries wouid result
In the selection of either republican or
a democratic nominee.
In the event OF no choice at the
primaries the selection goes 70 the con-
ventlon and the candidates OF both parties
have had this In mind IN the conduct Of
their campaign.
The establishment OF Mr. Nthlack 8
theory means that the work doue 10 elect
delegates 70 the state convention favor
able to certain candidates VIII be useless
and thc choice will be made by the voters
a the primary.
Political observers see FAR reaching
upheaval In the political dope in this
event
J. W. Fesler Is generally regarded as
most likely 70 profit IN the republican
ranks and II Is predicted that In the
event this suit Is sustained FeSler will
be the republican nominee and Niblack,
drawing second choice votes from all
three or the other democratic candidates,
will cinch the democratic nomination.
STATEMENT MADE
BY NIBLACK.
Mr. NIblack today made the following
statement:
My suit against the state board Of
election commissioners and an tho caudi-
dates for governor is friendly one.
! am inclined TO think that all my fel
low candidates for governor viii. when
they understand the matter, agree with
me In the ultimate purpose of the pro-
ceeding and will be more than willing
that my suit shall prevail
What l hope to accomplish is 10 have
the primary election decide the nomina-
tlon so that none Of US viii have to 90
into the convention aud make another
fight there, with All the complications
and expense that would go with It.
~ am seeking TO have the act OF 1917.
purporting to amend the primary cleo