The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-05-08

Center township.
''Voting rights of those peo-
pie should be protected. After
making a study of the situa-
ton and comforting with
Howard Meyer, attorney for
Woodruff Place, l shall decide
on the steps to be taken"
Marine said today.
Both election commissioners
signified that in studying the pc
culiar problem presented they will
take into consideration legislative
intent in framing the 1881 congress
Sional reapportionment act.
Declaring that obviously the leg
iSlature intended to include Wood
ruff Place in the new Eleventh dis
trict," Attorney General James M.
Ogden declared sit would be a vio-
lent assumption to think the legisla-
ture deliberately tried to disenfran-
ch1Se these citizens.
Beech Grove Affected
But as Meyer pointed out today,
no such assumption has been made.
I'm the rush or trying to push
through reapportionment act in
the closing hours of the 1881 gen.
eral assembly" he said, Woodruff
Place and Beech Grove probably
were forgotten and the bill was
written without any consideration
being given to the peculiar position
Woodruff Place holds as an incor-
porated town within a city"
AS the bill is phrased in its two
sections, Is and IA, that part of
Beech Grove lying within Perry and
Franklin townships is in the
Eleventh district, while the new act
by emitting any reference to in
corporated land" within Center
township, leaves out both the por-
ton in the latter township and
Woodruff Place.
Sections Are Cited
Section 10 declares: 1.-The coun-
ties Of Madison, Hancock and the
townships Of Marion county named
Lawrence, Warren, Franklin and
Perry, and the First, Ninth and
Tenth wards of the city of Indian
apolis, as now constituted and es-
tablished with the land unincor-
porated lying east and south of the
before mentioned wards in Marion
county, shall constitute the Eleventh
congressional district.
Section IA declares: "AlI that part
OF Marion county except the fol-
lowing: The First, Ninth and Tenth
wards of the city of indianapolis.
as now constituted and established
with the land unincorporated lying
east and south Of the First, Ninth
and Tenth wards in Center township
and the townships Of Lawrence,
Warren, Franklin, Perry in Marion
county shall be and constitute the
Twelfth congressional district of the
state Of Indiana"
Violation of U. S. Statute
AS Section 10 of the act makes no
reference to the Incorporated land
in Center township east and south
Of the First, Ninth and Tenth
wards, and Section ID includes the
remainder Of the county, casual
construction would make it appear
that while two-thirds of Beech
Grove is in the Eleventh district,
the remaining portion would be in
the Twelfth.
But here again there Is a viola
ton Of the federal statutes, lust as
in the case of Woodruff Place. for
Title 2, Section 3, federal code, pro-
vides specifically: "In each state
entitled under this apportionment
to more than one representative.
the representatives to congress shall
be elected by a district composed
Of contiguous. and compact terri
tory"
Three miles Of Eleventh district
territory lays between Beech Grove
in Center township and the Twelfth
district, SO obviously it couldn't be
included in that district" Meyer
pointed out.
COnstitutionality Doubted
Possibility that the question would
be taken to the courts doomed today
as Meyer conferred with Marine.
"ConStitutionality of any act
which might cause disenfranchise-
ment Of citizens Of the state is ques-
toned" Meyer said.
In event the courts hold the act
unconstitutional, a special session
would be necessitated, it is be-
lieved, as the 1911 act provides for
thirteen congressman, while the last
congress inundated Indiana to twelve
and they must be elected from dis
tricts and not at large.
Validity of the act was upheld
by the attorney-general'S office
when it was presented to Governor
Harry G. Leslie, although at that
time Hugh D. Merrifeld, a deputy
crnev-Ceraral axr,raernI $3.50,