The Indianapolis times., 1931-05-09
COURT BAN TO
Be SOUGHT ON
RED|STRICTING
Woodruff Place and Beech
Grove viii Battle for
Vote Rights.
WAIT BOARDS RULING
Injunction Will Be Asked to
Prevent Publishing of
1881 Acts.
WAIT BOARDS RULING
BY BEN STERN

Suit asking federal court here To
enjoin Frank Mayr Jr., secretary OF
state. from publishing or pronuI-
eating the congressional reappor-
tionment act passed by the 1881
general assembly will be filed early
next week by attorneys for Wood
ruff Place and Beech Grove, both
declared today.
The. petition vii not be fled un-
til the ruling Of the state election
board is received as to whether the
two incorporated towns are located
in the Eleventh or Twelfth district.
w. w. Spencer, election commits
sioner indicated today the ruling
will be that the legislature in
tended to place both communities
in the Eleventh district, and it was
only becaus eof haste in writing the
bill in the closing hours Of the ses-
sion that the proper phraseology
was not embodied.
Not Included in Either
The petition asking for an inlunc-
ton will declare that both COM
munities, by the phraesology of the
bill, can not be included in the
Eleventh district, and that because
they are not contiguous" nor com
pact" with the Twelfth district. can
not be part of that congressional
division.
Howard Meyer, attorney for
Woodruff Place, and L. E. Marine.
Beech Grove attorney, point out
that the question is one for the fed
eral court, inasmuch as the bill dis
enfranchises citizens of both incor-
porated towns in congressional cleo
tions only.
You can't operate state on the
intent of the. legislature" declared
Meyer in commenting on the pos
sible opinion of the election COM
missionerS.
County Ruling Void
The point at issue is whether
the people OF these two towns are
to vote for their representative in
the Eleventh or the Twelfth district.
THE fact that the county COM
nllssioners have fixed Woodruff
Place as the Twenty-ninth precinct
OF the Ninth ward does not super
sede legislative enactment and is
not OF Importance in this suit.
Validity Of any congressional
election might be challenged be-
cause OF the manner in which the
reapportionment act is written"
Marine contended.
"A candidate who lost Woodruff
Place or Beech Grove by large
vote might file a suit to declare the
election improper.
Injunction Would Bar Candidate
Injunction suits might be insti-
tuted to keep any candidate resid-
ing in either Of these communities
from filing in the primary or gen
eral election, because his home ia
not in either district Marine de-
clared.
THE best thing IS to settle the
matter at once" the attorneys con-
Cured in saying.
Section IS OF the reapportionment
act provides that the 'unincorpor-
ated lands lying east and south Of
the First, Ninth and Tenth wards
Of the city Of Indianapolis in Mar
ion county" should be in the Elev-
enth district.
Both Woodruff Place and Beech
Grove are incorporated.
Section IA declares all Marion
county except that specified shall
be in the Twelfth district.
This ordinarily would put the
communities in that section, except
that the federal code provides that
the districts are composed Of "con-
tiguous and compact" territory, and
both communities are separated
from the Twelfth district by several
miles Of Eleventh district territory.