Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-10-22

In superior Court Room . the iaW IlFnl
of Felt and Forney filed a complaint
asking that Maurice z. Tenant, Thomas
D. McGee and George o. Hutseu the elec-
tion commissioners be compelled to place
the name of Hartman upon the printed
ballots and voting machines. Judge l..
J. Moll fixed Wednesday afternoon as
the return date The plaintiff is named
IN this complaint as the State OF Indiana
ex rel. J. Herbert Hartman.
MAHOLM FILES IN
SUPERIOR COURT 1.
In Superior Court Room l. L. Ernest
Maholm. one Of the candidates for city
Judge whom Hartman defeated in the
primary, filed complaint Of Clarence
Belt. described as a taxpayer against
the election commissioners, individually
and as a board, asking that they be en-
Joined from placing Wilmeth's name upon
the official ballots.
The mandate complaint names George
o. Hutsell, Maurice e. Tenant and
Thomas d. HIcGee, constituting the city
board Of election commissioners. as de
PENDANTS. It charges in effect that the
adoption OF a resolution ousting Hart
man as the nominee and directing City
Chairman Irving W. Lemaux TO I'LL the
vacancy, Lemaux's certifcation of Del
bert 0. Wilmeth as the new candidate and
n the board of election commissioners ac-
ceptance thereof as being illegal.
This Is purely legal employment for
our frm," ssid Mr.. Felt. I'VE have
reached the conclusion that the replace
ment Of Hartman in the manner emplc yed
was absolutely Illegal and that the same
principal runs through it as runs through
mob law
LEGALLY NOMINATED
AT MAY PRIMARY.
Hartman was nominated legally in the
primary held May 8, the complaint states
setting out that he received 1852 votes
and his nearest opponent 11,4S6. The
votes, according to the complaint, were
duly canvassed and Hartman duly nOmi-
mated, the result being duly certified to
the city board of election commissioners
The complaint states:
That your relator was then, and is
now by virtue of said vote, the nominee
Of the Republican party for the Office of
city Judge aforesaid, to be voted for at
the general election, to be held in said
city on the Sth day OF November, 1921
that the relator has not resigned, nor
become Ineligible as such candidate and
IS the only person legally nominated and
entitled TO be voted for at the general
election aforesaid. as the candidate Of the
Republican party for the office afore-
said.
That your reIator has demanded of
the defendants as such city board Of elec-
tion commissioners that they certify his
name to the printer, and be placed upon
the voting machines, as the candidate for
the office OF city judge aforesaid, and
that he be named and designated as such
candidate upon the regular Republican
ticket, and distributed to the regular vot-
ing precincts of said city, in like man
ner as the other candidates Of the Re
publican party are so printed. placed and
distributed. for the office Of city Judge
,Ato be voted for as the candidate of said
#party at the ensuing general election to
be held on the Sth day Of November,
1921 in said city.
HARTMAN'S FIRST
KNOWLEDGE FRIDAY.
"That the defendants have failed, neg
lected and refused to so certify, desl2-
nate, and name your relatOr as such can
didate and that, without any warrant or
authority of law whtever and in utter
disregard of the facts aforesaid. and In
violation of the law, the defendants, as
such board of election commissioners,
have wrOngfully and unlawfully certified
rs such candidate of the Republican
party for the office of city judge afOre-
said the name Of Delbert o. Wilmeth
who has never been nominated or legally
appointed rs such candidate, and is not
legally entitled to be the candidate OF
said party for said Office
The complaint also states that Hart
mans first knowledge OF the election
commissioners move to replace him was
Yesterday and asks for an early hear
ing because of the brief time until elec-
tion day.
The Injunction complaint alleges that
Hartman was duly nominated and that
thereafter the series Of moves to ousi
him by the Republican organization and
the election commissioners is Illegal. II
states that Clarence Belt as a taxpayer
desires that the commissioners be i'm
mediately en1oined from putting VII
meth's name on the ballots because II
wilmeth's name is printed on the ballots
there will result g multiplicity of suits
in the future to determine the rights OF
candidates and that it VIII be difficult to
determine whether the Democratic or Re
publican nominee was elected, all OF
which would be costly 10 the taxpayers.
The complaint refers TO the custer move