Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1922-05-20
PETITION FOR
VOTE RECOUNT
GRANTEDJUDGE
Thornton Request Fought by
feathers, Who Won
Election.

Harry o. Chamberlain, Judge OF the
Marion Circuit Court, today granted the
petition for a recount Of the votes cast
in the recent primary for the Republican
nomination for Judge of Superior Court,
Room 1. The petition was filed by w.
W. Thornton, present Judge Of that court.
1t was vigorously fought by Thomas c.
Daley, attorney for James NJ. Leathers,
who won the nomination by thirty three
votes. A petition for a recount was also
granted to Henry Cochrane who was de-
feated for the nomination for county
treasurer by John L. Duvall. The re-
mainder of the hearings will be held
next week Commissioners to conduct the
recount will be appointed by Judge
Chamberlain Monday morning at
o'clock.
Mr. Daley asked an entry be made
In the record showing his exception to
the decision of the court. Following the
ruling, he presented demurrer setting
forth the petition did not state facts
sufficient to constitute a cause of action
and that the court had no jurisdiction
over the case. The demurrer was over
ruled promptly.
It stated that no law authorized a
contest or a recount In a primary cleo
tion; that the primary election statute
as construed by the Supreme Court Of
Wisconsin, from whom Indiana copied
the primary law, had been construed so
ms not to allow contests or recounts !;
that the primary law did not adopt tho
provisions of the general election law
providing for a contest or a recount, ano
that the petitioner did not show or al
lege he was nominated.
Judge Chamberlain suggested the a2.
pointment Of one board Of recount COM
missioners. but this was opposed with
much spirit by counsel for Judge Leath-
ers. It was finally agreed that each
candidate would be allowed separate
board, but in the event any Of them
wished to consolidate, the court would
give his approval
When the question arose as to where
the recount would be held, Judge Thorn
ton offered the use of his courtroom. He
said he would set aside the calendar and
turn the keys over to the commissioners.
Counsel for Judge feathers opposed this.
Judge Chamberlain. however, seemed to
favor the use OF that place as the count
ing room. 1t was pointed out facilities
to house the members of the board were
adequate.
Each contester and the contestors as
block will select one man to act as
commissioner. If they can agree
amicably on the third member Of the
commission, Judge Chamberlain indicated
he would approve. The court pointed out
the law requires that one member Of each
party be chosen.
The reason for the postponement Of ac-
ton on the other petitions Is that the
petitioners have not filed proof that the
contestees have been served with a no.
tice of the recount and that bonds have
not been filed to cover the expense Of the
recount If 1t develops that the first count
was correct.
Mr.. Daley contended In his statement
when he made the motion to dismiss
Judge Thornton's petition. that the court
had no Jurisdiction over a recount. He
cited the Wisconsin primary election law.
after which the Indiana system was mod
eled, and the decision Of the Supreme
Court Of Wisconsin that there was no
provision in the primary law which pro-
, vided for contests after an election was
over.
He pointed out that q charge Of fraud
and irregularity was brought In the