South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-04-30
HARMON HEARS
ARGUMENTS ON
MANDAMUS WRIT
Special Judge TO Make Find
ing in Superior Court
Today.

was ON what numbers OF voters con-
stituted 90 percent Of the vote az the
last municipal election The counsel
for Mr. Hoeinski argued that mas
much as the records had been de-
st-oycd there was no way OF know
ing. and that such Jaw usually
designatcs the number Of votes cast
for specified office. Lawyers for
the primary election board who are
also counsel for the commission
manager plan Of government dis
puted that allegation by reminding
the court that the court may take
judicial knowledge Of the number
or votes cast at an election.
Guy Opens Defense.
Arthur l. Gilliom another member
Of the legal array present at tho
counsel table. and one representing
tho realtor. attacked the constitu-
tionality Of the law He attacked
The title ~ the bin. cOntending
that is has two subject matters
which the constitution Of the state
prohibits Another argument offer
"a was that the constitution pro-
vidCs for uniformity Of municipal
governments and that any change
iu the form Of this government can
be- made only by constitutional
amendment.
To This answer Shepard Crum-
packer cited the cities and towns act
concluding from this that the bill
had one title but an ALIEN bracins
subject matter, yet its constitution
ality had been upheld
Miller Guy for the defense in OPP
ening the case for the primary board
express their corporate will IT is
the custom Of courts. continued Mr.
Guy. 90 literally construe election
laws where some oversight or some
Informal procedure may have taken
place. That people may not be de-
prived OF the privilege OF exercising
their inherent right To vote.
That the manner i'm which the
city clerk acted does not vitiate the
certificate to the council was the
contention Of Mr.. Crumpacker The
very fact that the president of the
council did not appoint two free
holders who. together with the city
clerk ex-omciO. constitute the cleo
ton board in no way vitiates this
certifcation. ne said. A mere infOr-
mality can not lessen the effect and
force Of the certificate.
Brands IL ~ Fad"
W +. Miller discussed the sufi-
cheney of the petition and the coun-
ellis formal procedure ordering the
election The point had been raised
that the motion of Councilman Goe-
bel ordering the lection and the sub
sequent vote was In effect no order
at ALL Mr. Miller defended the reg
ularity OF this procedure by pointing
cut that the intent Of councilman
who is "a layman and not conversant
with the legal expressions was APP
parent and the courts construed
such intent so as to carry out they
viii of the assembly voting on the
question
Mr. Parker in reiterating what his
co-cousel had Contended said that
there could be no objection 10 the
low on its validity. He cited the To-
cal option law and the cities and
lawns act as proof sufficient of the
right Of an organized community TO
express its corporate will
Mr.. Drummond. who concluded
the argument. attacked sections of
the mission manager enabling
act. which ne termed deprecated
the right OF every citizen of being
entitled TO vote for candidates for Of
fee. Mr.. Drummonds droll remarks
at times caused the court room to
become uprorious with laughter
such as Men are elected TO office by
the people and FOR the people-at.
least part of the time" He charac-
terized the cOmmissiOn-manager
plan of government as fad
scheme 90 sweep out past ills with
a new broom which within a short
time il 10 were put into operation.
ne said. would have both newspapers
cIamorinE for return OF the old
government and the people likewise.
There are so many holes IN the
citys ship" he said i'm arguing for
ihe susteutation Of the mandamus
action. that nobody knows where
a is going or when it is coming back
and the Legality Of our bonds and
loans will be affected"
Text Of Demurrer
The following is the demurrer to
the answer to the mandamus suit
I. said answer fails TO show any
valid excuse or valid reason for the
failure OF defendants as such cleo
ton commissioners TO proceed with
their duties 90 hold a primary cleo
ton i'm the city OF south Bend on the
srd day of May. 1921
? said answer on it's face shows
that the city clerk of the city of
South Bend did not on the 25th day
OF April. 1927. or at any other time
certify 90 the common council OF
said city TO any results or any ex-
animation by him made ~ The petit
ton I'm said answer described. and
that said answer anirmative.y shows
that he merely made a report OF a
martial examination Of said petition.
which said report was not a Certifi-
cation in that 10 was not I'm writ
Ing and was not signed by said city
clerk i'm his official capacity. and
was not authenticated 10y his official
seal
g. said pretended certificate or
aid city clerk on its face shows that
Fl was insufficient 20 authorize the
common council Of said city 20 order
an election for the submission 20 a
vote on the question Of the adoption
bv the city Of South Bend OF the
city manager form OF government
in these particulars. to-wit.
First. said pretended certificate
fails % show that said petition re-
quests said common council 90 order
an election for The submission o. any
question. and further that the Ques-
IL -nr-rr.l =. IL .--L .-.-n-a-l