The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-05-07
Attorney Meyer Takes First
Step to Save Vote Right
for 1875 Citizens.
JOKER FOUND IN BILL
Town Not Placed in Either
Eleventh or Twelfth
Congress Unit.
BY BEN STERN
Copyright. 1881. BY The Times)

claration that the 1881 congress
sional reapportionment act is un-
constitutional and necessitate a
special session of the legislature
was begun today by Howard Meyer.
attorney for the town of Woodruff
Place. Meyer charged that 1915
persons living there have been dis
enfranchised by the redistricting
law.
AS first step in the action.
Meyer today sent a letter to state
election commissioners, w. w.
Spencer and Fred c. Cause, asking
for their Interpretation of the re-
districting law and setting forth his
basis for the belief that it is I'M
constitutional.
The Joker in the bill, which was
compromise measure, hastily
thrown together in the closing hours
OF the legislature under the urging
OF Henry Marshall, Lafayette pub
Usher and mentor of Governor
Harry G. Leslie, and r. Earl Peters.
Democratic state chairman. lies in
the manner of dividing Marion
county into the Eleventh and
Twelfth districts.
Cites Two Sections
Pointing out that Woodruff Place
is an incorporated town within the
city Of Indianapolis, Meyer cites
Sections IS and II of the new act.
which, because of an Injunction
suit questioning legality of House
Bill 6, has not been published or
promulgated.
Section Is 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 II declares: "All 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"
Woodruff Place Ignored
In neither one, nor in any other
section is there any mention of
Woodruff Place. Therefore, by ornis-
sion, the people of that town are
diSfranchised," contends Meyer
He points out that if the election
commissioners rule that because
Sec. IA includes all Marion county
not specifically mentioned in Sec.
10, Woodruff Place is placed in the
Twelfth district, then the federal
statutes are violated.
In support Of this contention,
Title 2, Sec. 3, of the federal code
is cited. Discussing election Of con-
gressmen by districts this section
specifically declares:
In each state entitled under this
apportionment to more than one
representative, the representatives to
congress shall be elected by districts
composed Of contiguous and compact
territory"
Violates Federal Statute
IF the election commissioners put
Woodruff Place in the Twelfth dis
trict they will rule in contradiction
to the federal statutes" Myers ar
CUES. For Woodruff Place is sepa-
rated from that district by the
Third precinct of the Ninth ward,
which is in the Eleventh district
and therefore will be not in con-
tiguous or compact territory"
Supporting the contention that
Woodruff Place is a distinct town
within the city of indianapolis, DR..
Charles Marlborough, director Of
the state legislative reference bu-
reau, cited the Indianapolis munich
pal code, 1925, page %, which spe-
officially declares, after fixing the
boundaries of the city Of Indianapo-
lis, that: Nothing in this section
shall be construed to operate as an
annexation Of the territory included
within the town Of Woodruff Place
Courts to Get Matter
DR.. marlborough also points out
that the county commissioners. in
fixing the precinct and ward boun-
diaries Of Marion county, named
Woodruff Place as the Twenty
ninth precinct of the Ninth ward
lin state and national elections" It
has, however, been ruled that such
order can not supersede a legisIa-
tive enactment.
In event that the federal court.
where a question of disenfranchis-
ment may be carried, holds that the
law is unconstitutional, it would de-
volve upon Governor Leslie to cau
a special session of the legislature.
Meyer believes, to write and pass a
new reapportionment act"
In the belief of DR.. KettIeborough
the state can not elect the congress-
men-at-large. The 1911 reapportion-
ment act will not be in force. be-
cause the new congressional statute
fixes Indiana's representation a.
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