South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-04-29
SPECIAL JUDGE
TO DEFINE LAW
IN TEST TRIAL
Defendants To Answer Man
damus Complaint in SUI
perior Court Today.

ntAlbt 1Uul j quay
CONTINUED FROM PAGE oNE
the bills incurred by thcp r.marv ho
would De- artne contrary IN thc law
thereby makins himself liable for
The amount Tho stand taken boy
the city controller has proved ar-
other obstacle ln the path Of the
PLAINTIFFS to the court action
Welcomed by Opponents.
The attorneys FOR the primary
board entering their appearance
were Samuel Parker. Of Anderson,
Parkcr. Crbu ana Crumpackcr. vs..
T. Miller Of EouiE and miller. and
Miller Guy ~ Wci5Ier and Guy.
Arthur T. Guiom has been retained
as additional counsel FOR ar Hoe.r-
ski together with O.. T. Drummond
and Zsimon DskoIbaum.
welcomed By Proponents
The Importance ~ n decision on
the validity ~ the law and regularity
under which am election was order
ed for South Bend Isl shown iu the
Interest taken hv various parties TO
the suit The election commission
ers were present i1 the court room
Thursday morning as were number
IF political candidates and likewise
the officers Or tho city Manager
Plan organization committee.
The purpose OF the maudamus
action is not to- obstruct the COM
mission manager form Of govern
ment election but rather 10 have "a
court decision Zoo test the new law,
according 90 those supporting HOsin-
SKIS case. Realizing the danger
that would confront the city If the
enabling act were held uncoustitu-
tional at some future date. the test
case is welcomed by both propon-
ents and opponents OF the commits
sion-mauager plan.
The board Of primary election
comm issioners welcome the entrance
OF attorneys representing the COM
missioner city manager plan organ
ization committee. they say. as their
counsel ]. w McInerny. one Of
the members. said that the board
had no authority TO employ counsel
iu such an action and had no legal
means Co defray the expenses Of
employing at attorneys for the de-.
Tense.
The answer 20 the Hosinski com
plant. which will be filed i'm super
Tor court SO. this morning, fol-
lows
IN THE ST. JOSEPH SUPERIOR
COURT. FEBRUARY TERM. 1921.
State Of Indiana. ST. Joseph County,
S.
State Of Indiana. on Relation Of
Al ". HOsinski.
Frank Buhnski. j. Walter McIner-
ny. and Daniel w. Schurtz.
Answer.
The defendants. d. Waiter Nc
Iuerny. Daniel Schurtz and Frank
BiHnsd for their answer TO the
plaintiffs complaint, heretofore
filed in this cause. say that they adj
init that said j. Walter McInerny
and Daniel Schurtz are and for
more than one year last past have
been the Primary Election Commits
si0nerS for the city OF South Bend,
ST. Joseph County. state of Indiana;
and that the defendant Frank Bill
insk. now IS and for more than one
year last past has been the clerk of
said city. and as oticio. one of the
primary election commissioners
thereof. and that the defendants
together constitute and for more
than one year last past have con-
stituted the Board of Primary EleC-
tion Commissioners of said city:
and the defendants further admit
that since the evening of April 18th,
1921. they have performed none OF
their duties as such Primary Elec-
ton Commissioners or as the Board
of Primary Election Commissioners.
preparatory 10 the holding OF pri-
mary election ON May 5rd. 1921 for
the selection of party candidates 90
be voted for by the voters of said
city az the city election required by
law. % Doe held in November of the
present year. and further that they
have refused 90 perform and that
they Will not perform any of such
duties. unless ordered % perform
tho same by the court.
And they say that they des.sted
from the performance of their said
duties on the evening OF April 25th.
1928. and refused and still refuse 90
perform the same. because of the
following facts which they aver TO
be- true. to-wit:
on April 18TH 1927. n petition,
CONSISTING Of one hundred and sew
e9tv UI0 parts. was filed with the
clerk OF said city and I'm his office.
that said petition was signed in in6
or wtE an indeIbie pencil by three
thousand seven hundred and TWEEN
tv-thrco lg.-2S) electors and quail
fed voters Of said city. each OF
whom stated his or he~ residence hy
street and number or other descrip-
ton sufficient 90 identify his or hex
place Of residence and the date
wucn the signature was made; chat
said petition and each part thereof
bore The following heading or cap
frn to-wit. ITO the Common
Council OF the City of South Bend
81 Joseph County. Indiana: We
the uudersi Ened voters Of the city
OF South Bend respectfully petition
that tho following question DE sub
urttei 20 the voters of the city,
shall the city Of South Bend. Indi-
ana. adopt tho city MANAGER Plan
OF government as provided in the
laws OF the state Of Indiana passed
as House Biu so. IL. by the General
Assembly OF the State OF Indiana
M its 12d session in 1927, and APP
proved hy the governor Of tn.
state" chat 81 the foot OF each part
OF said petition was appended ar
oath by each person who circulated
said parts and procured the s-sua-
lures thereto.