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

and the intention OF the commissioners to
place Wilmeths name on the ticket as
1.-The wrongful and unlawful acts OF the
defendants"
HOLMES SAID TO
BE IN SPENCER.
Ira NJ. Holmes has acted as Hartman's
chief legal adviser since he first was in
yolved IN the Francis confession scandal
At Mr.. Holmes office 1t was reported he
had gone to Spencer on legal business.
Hartman served written notice upon
the members Of the election board this
morning asserting that he is the legal
nominee for city Judge and demanding
that his name be placed upon the bal
lots and voting machines. City Clerk
George O. Hutsell said that. although
the board had not discussed this move,
he believed Hartmans notice has no eff
feet and that the board will so ahead
with its announced intention Of putting
Delbert .. Wnmeth on the ticket In place
of Hartman.
The FIRST word from the Hartman camp
since the city committee ousted the nom
inee Wednesday evening came from Mr..
Holmes before he left the city. Mr.. Holmes
called attention to sections Of the pre-
mary laws OF 1915 and 1917 making II the
duty Of the board Of election colmis-
sioners TO place on the ticket the names
OF all candidates duly nominated IN the
primary. He also pointed out section
which provides heavy penalties tOr fail
ure Of election officials to carry out the
duties set out In the primary law.
Thus we dnd," said Mr.. holmes, that
the proceedings Of the city committee
Wednesday night were not only nigh
handed, but Illegal and criminal Al we'll"
In the meantime the Republican or
ganization IS proceeding upon the the
Org that WHmcth is It's nominee for city
Judge and has s-arted to wage a vigor-
Gus campaign in his behalf
The Republicans were happy when the
board OF election commissioners helped
carry out their plan by accepting the
Hartman ouster and Wilmeth certidcation
from city Chairman Irving W. Lemaux,
because they believed IL relieved them Of
the necessity Of urging voters to scratch
Hartman and vote for Thomas Z. Gar
win, his Democratic opponent. The work
ers feared that voters would follow their
usual inclination to vote a straight ticket
and In order to register disapproval OF
Hartman would pull tie straight Demo
cratic lever.
Republican leaders Grimly awaited any
suit Hartman might bring. They de-
clared that their attorneys are fully pre-
pared for any attack upon the commit
tees action, having fully Investigated the
step before Il was taken Some Repub-
llcians openly declared that even II the
action of the committee might be based
upon any specific law they did not be-
lieve any court would want to take upon
itself tho responsibility for placing Hart
man before the people as a candidate
Political leaders as well IS attorneys
are discussing the action resulting In
Hartmans removal and many express the
opinion that II allowed to stand 1t will
set up n precedent whereby the viii Of
the people, as expressed in primaries. can
be nullifed at single stroke by a CON
trolled city, county or State committee.
1t is pointed out that hereafter II a
committee or a chairman who controls
his committee Is dissatisfied with a nom
ine", the latter can be ousted and a
hand picked candidate substituted
The action recalls the scramble the Re-
publican State commltte made to get
Ora Davies, present treasurer of State,
on the ticket when he was under heavy
fire during the campaign last fall. The
best legal lights the Repul leans could
summon to their aid could find no way to
remove Davies, In the face of his refusal
TO resign.