South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-04-28
HOSINSKI ASKS
COURT TO ORDER
PRIMARY VOTE
Starts Mandamus Proceedings
to Test Validity of
Manager Act.
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/ CONTINUED FROM PAGE oNE)
mary election on May 3. 1921. for
the nomination OF candidates 10 city
/ offices. and unless they are required
10 perform said duties no primary
I election will be held IN said city. and
no candidates for said office will be
nominated. That said defendant Bill
/ insl<i is also refusing to perform his
duties as city clerk in reference 10
holding said primary election"
Claim Friendly Test.
The suit Is clairned TO be Of 4
/ friendly nature IN effect, and is de-
signed 10 test the validity Of the
/ commissioner manager enabling act
/ passed at the last session OF the leg
stature: also the validity OF the pro
/ cedure under which the city clerk
certified TO the council the petition
for the election Of the commissioner
manager form OF government will
! be tested.
The purpose OF the suit it IS fur
/ Their understood is to prevent the
| city manager form of government
enabling act being attacked and PER
I haps the proceedings hereunder set
E aside. because OF irregularity or un-
| constituhonality. after the system is
adopted. II such should take place
/ by q majority vote at the June 25
/ election.
II the law is good and the pro-
ceedings Hereunder regular the pri-
maries are automatically postponed.
/ II the city manager system should
not carry in June the primary would
/ then be called, but II it should carry
/ there is no provision for calling a
/ primary or holding an election I'M
/ der the present law, in case the en-
aiding act should then be attacked.
or the proceedings hereunder, and
such attack should prevail.
OmciaIs Might Hold Over?
/ II the court holds the law consti-
| tutional and the proceedings regu-
lar, this mooted question would be
settled and the referendum election
would proceed without the primar-
| les being held. The idea is to IRE
vent a condition arising perhaps at
the election Of commissioners under
the new law, or at the time they
would take office, that might result
in their being enjoined and from
proceeding thus enabling the pres
ent city officers and administration
to remain IN power for another four
years, or until their successors are
duly elected and qualified.
Not only will South Bend be in
terested in the outcome of the pro-
ceedings but likewise will Michigan
City, Evansville, Anderson, Muncle.
Kokomo, Richmond, New Castle
Logansport. where the commission
manager form of government refer
endum has been ordered 1t is prob
able that representatives from these
cities will be present in South Bend
when the hearing is held in the To-
cal court.
While the mandamus proceedings
did not mention the commission
manager enabling act nor the pro-
cedure of the council in ordering the
referendum these questions will be
raised when answer is made to the
complaint.
The demand for the primary cleo
ton commissioners for the election
was made Tuesday by Mr.. Hosin-
ski. McInerny and Schurtz voted
against the holding OF a Urinary,
following out the councils order for
special election. Bilinski declined to
vote.
Puts Slick in Defense.
Mr.. McInerny said Wednesday
that in view Of the fact that the city
primary election board is a branch
of the municipal government.
Thomas W. Slick. city attorney.
would be called upon by the board
to defend them. Mr.. Slick. at pres
ent is in Indianapolis, arguing the
electric rate case before the public
service commission. Mr.. McInerny
said he would make an attempt 70
get in touch with the city attorney
by long distance telephone.
Attorneys for the city manager
plan organization committee con
sisting OF Samuel Parker. w. z. Mil
Ter and Miller Guy. IL Is understood
will interplead in behalf Of the petit
toners, not that the committee IS
opposed TO the holding Of the pri-
mary II the candidates wish II to go
ahead and take their chances on \
legal primary. but that they are con-
cerned in showing the constitutional
| ity Of the enabling act, and the reg
ularity OF the proceedings, leading
! W to and including the calling OF
Z the election.
In view OF the fact that It was set
forth in Mr.. Hosinskfs complaint
that an emergency exists and the
| summons for answer TO the suit was
made returnable Thursday morning.
1 the shortness OF time available for
/ fling an answer will probably re-
suit in postponement for day when
/ the time for a hearing comes to-
| day.