South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-04-24

voters" said the committeeman.
Rumors had been current proceed
ing this report on the course 20 be
pursued by the clerk. that by con
nlvauce from the city hail a quo
rum would not be present a. the
council meeting Monday night.
though this - denied by a quorum
OF the councllmen. Mayor Carson
gave out this statement saturday
which may or may not have been
In anticipation OF the course to be
pursued by the clerk. assuming him
within his legal bounds. The mayor
said:
Urges Legal Action.
sI as mayor. am not charged with
any duty in reference 10 the calling
OF an election on the question or
commission manager form OF gov
eminent. As an individual citizen
7 have my own ideas which / VIII
register i'm the event an election is
called. I understand the petition
now on file with the city clerk is
signed BY aver 5000 people Wheth-
er this petition is sufficient under the
law GO not know. and / understand
that the suffciency Of the petition
is entirely with the city clerk who
lave no dou9t. will perform his
full duty under the law and in ac-
cordance with his oath OF Office
eff the city clerk certifes that the
petition is sufficient IL IS then man
datory upon the common council TO
order the election. 1 sincerely hope
that every councilman will be pres
ent at the regular council meeting
Monday night. Every city official is
charged with the performance Of a
.acred duty and / have confidence
u believe that this duty will be per-
t,rmtd wiz luUt f!EcElng or equivo-
ca.ion."
Committee Considers Report.
Following the rumor Of Clerk Bill
innskrs contemplated action the
CITY Manager Plan organization
committee, now in ca Se Of the
movement in behalf OF 5he petition
ers. held a meeting 20 decide on the
course TO pursue in case of such a
miscarriage of duty. Chairman
Davis was not present, being IN
Michigan City. and no detailed re-
port OF the proceedings was avail
able last night, except that the IN
terests OF the petitioners viii be
properly looked after. If the report
proves true mandamus proceedings
may result.
That all connivance to sidetrack
the referendum election does not
come from the Carson crowd, how
ever. was evident as early "a Fri
day night, when a Gloss supporter OF
Eli +. Seebirt wanted TO bet 500
that between the clerk and council
tho speciaI election would not take
place. or at least not until after the
primary. at which ne was much
pleased. The city organization, said
10 be backing SeebirL Is reported
decidedly indignant that this ques-
rion should have come up at TINS
lime. IL is denied. however. that
Seehirt himself counsels thwartlng
the proper course of the law, but
whether he means the letter, as 1t
Is construed by Clerk Bilinski, or
The spirit in which the petitions
werS fled TO give the clerk plenty
OF time. his spokesman did not eX-
plain.
BilinsLd Is Obdurate
When confronted last night by
News-Tfmes Representatives with
the seemingly authentic report that
he was 10 attempt 20 defeat IL
calling Of an election by reporting
TO the city council that IL was
physical impossibility TO verify the
names OF the petitioners. Bilinski
said. II refuse 20 divulge the ma
ture Of the report that ! am TO pre-
sent the. council. Work on the Le-
tition was finished at $3.50 o'clock
Saturday afternoon in compliance
with the state law and ] will pre-
mare my report Sunday or Mon
dav Before that time 1 viii make
no statements as 1 do not wish tc
allow either opponents or pro-
ponents of the plan TO have any
knowledge Of the course l am u
take
The city clerk was then asked
what procedure was followed hy
him in verifying the names on the
petition and whether he had been
assisted by the deputy city clerk or
II he had been given legal opin-
ion on the Knapp law by City Atty
Thomas W. Slick.
whenever / happened on to 4
name of voter who personally
know / verified il without making
any further investigation. In other
cases, however. made personal
visits 10 each petitioner. / was not
given any assistance by my deputy
because il was impossible for each
OF ne to work on the petition with
out separating IL. which is in Vio-
lation Of the law. Yes. Slick came
10 me and asked me If i understooi
the law. told him that 1 had
made my own Interpretation OF 81.
the aspirant for the democratic
nomination for mayor said.
II understand that the Law
makes il compulsory on the Office
of the city clerk 10 verify the
names Of the petitioners within a
period OF five days, and 20 report to
the city council at its next meeting.
he continued.
Would Avoid Critics.
aWeu. Bunski. under your owr
Interpretation you would be eQuivo-
eating II YOU reported 70 the coun-
Gil Monday evening that IL was
physically impossible TO verify ne
names of the petitioners. wouldn
YOU p" was asked the clerk.
To that / refuse 20 answer" h.
said.
Throl ghout the interview Bilin
xxi was very careful in answering
each question. That he was pro
voked By being submitted 90 the
voIley OF questions fired AT him
vas very noticeable but he toos
every precautionary measure =.
conceal 10. He was found watkins