South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-04-29

April is. 1922, requesting that the
ucstion-"ShaU the city Of South
Bend. Indiana, adopt the City Mana
ger Plan Of Government? This pc
uuon beans approximately 3,723 sig
natures. most of which are in ink or
indelibis pencil.
i have made due and diligent ef-
fort To- complete an examination Of
said petition 10 determine whether
the signatures thereon are Of quail
fled electors of the city of South
Bend. The law allotted me FIVE days
for this purpose, and inasmuch as
said five days period has expired and
the first regular meeting OF your
honorable body following said five
day period is at hand I hereby GER
certify % you the result Of my ex-
animation of said petition as far as
have been able to conduct il. The
results Of my examination at this
time are as follows:
/. I find that 2,236 Of said sigma
lures that I have been BILE TO ex-
anime are Of qualified electors of the
city of South Bend. 1 am at this
time unable TO certify that any of
the remaining signatures are of
qualified electors of said city.
.. i am unable 20 certify that
said number Of 2.236 is a
sufficient number 20 make said peti-
ton sufficient in law for the reason
that the records of the election
boards Of the last preceding general
municipal election held in said city
of South Bend have been destroyed
according TO law and 1 have no
means 80 determine to a certainty
what number constitutes 20 per cent
of those voting at said election.
Frank Bilinski."
That the said Clerk, while said pc
tiuon and certificate were being con-
sidered by said common council, or
ally stated 10 the said common coun-
ell that the total vote cast at the
last preceding general municipal
election in said city was 1907 for all
Of the candidates for the Office OF
mayor who were voted for at said
election and that 90 per cent Of that
number of votes tOtaled 1881; and
that the defendants say that the fact
is that there was 9,907 electors, who
voted at the last preceding general
municipal election in the city Of
South Bend: and that 2,236 electors.
being the number reported by said
city clerk as being electors of said
city who signed said petition. is
more than % per cent I'm number of
those who voted at the last preced-
ing general municipal election in
said city: that after the considera-
ton or said petition and the city
clerks said written certificate and
statement in respect thereto and his
said oral statement. a member OF
the common council presented AMI
made the following written motion,
to-wit: ct move that this council
order an election on the City Man
aeer Plan of Government 10 be held
Saturday. June %, 1921"
Councilman. william GOeDei."
This motion was duly seconded by
another member of the common
council and the question upon the
motion was put by the chairman ana
the said motion was unanimously
carried. that thereupon the chair
man declared the motion carried
And the defendants say that the
said common council did at its said
regular meeting on April %. 1921,
I'm manner and form as herein above
stated order and direct that a spe-
ciaI election be held in said city on
the 18th day Of June. 1921. for the
purpose Of determining whether the
said city should adopt the City-Man-
aver plan Of government as prOvid-
ed for i'm the act of the general as
semblv of the state OF Indiana. ap-
proved at the regular session there
of for the year 1921; and that the
primary election set for May 3, 1921
was thereby automatically postpon-
ed until after the election called FOL
June 25. 1921.
Wherefore the defendants pray
that the writ Of mandate aCains
them asked by the plaintiffs be de-
MED aand that they have judgment
for costs and all other proper relief