statute, which excludes ex-party affidavits. That upon the deposition taken as by law provided we find that the contestee, Rogers, made a net gain of eight votes. We further find that the majority as returned by the election board in favor of Rogers was nineteen, making a total majority, as appears from the deposition taken in the case by the commission, of 27. We find that afterward permission was given by this committee to take additional testimony by the contestee, but owing to the short time which intervened between the date of permission and the date fixed for the filing of additional testimony that the contestee was unable to take all such testimony by deposition, but prepared and filed ex party affidavits; that only such affidavits as were strictly in rebuttal were received by the committee, and such affidavits as showed irregularities in Republican votes were excluded, although the evidence of the contestor upon the same subject had been received. We find that there was no fraud, but that all irregularities charged by the contestor to have existed grew out of the improper stamping of ballots, the question of residence, and the fact that some voters claimed to have been Republicans were challenged and not permitted to vote. Upon the subject of improper stamping, we find that out of the eleven votes claimed to have been improperly stamped there were but five which the evidence shows were improperly counted. Upon the question of residence, we find that of the number of votes questioned, that no person who had a residence was deprived from voting, and no person who had not a residence was permitted to vote. Upon the subject of challenging and exclusion of Republican votes, we find that in every instance where Republican votes were challenged and excluded that no affidavits, as required by law, were made by the parties seeking to vote, but that, on the contrary, in each case where challenged the party left the voting place without affidavit and did not return and offer to vote. We find that Ira Barber, O. C. Neal, Frank A. Boyd, Howard Miller, Paul J. Seymour and Otto Volheim, Republicans voting for Culbert, had no residence at the time of the election but were permitted to vote in each case after challenged, and that, as to these persons, no testimony in rebuttal has been introduced by the contestor, and stands admitted. That as to D. E. Long, a Republican, a fair preponderance of the evidence shows that at the time D E. Long voted he was not a resident and had no right to vote. That Zila Foster, a resident of Laporte County for over fifty years, and upwards of eighty years of age, was prevented from voting and forcibly put out of the voting place for the reason that when he asked the clerks to stamp the ballot, he being unable to see, he stated in the presence of the election board officers that he wanted the rooster stamped, he, therefore betrayed his intention and destroyed the secrecy of his ballot. To recapitulate, we find that the election board returned a majority of nineteen in favor of Mr. Rogers, which, with the eight votes not denied by contestor which were improperly cast for Culbert, makes a total majority of twenty-seven. We find that there are but nine votes claimed by contestor to have been improperly cast which have not been rebutted by contestee, which leaves a majority in favor of Mr. Rogers of eighteen. We, therefore, recommend that Geo. W. Rogers retain his seat. Very respectfully submitted, A. HUMPHREYS, Senator Gostlin moved that the report of the Committee on Elections be made a special order for Thursday, January 28, 1897, at 10:30 A. M., and that an hour be allowed on a side for argument. Which motion was carried. Senator Gostlin moved that the Senate do now adjourn. WEDNESDAY AFTERNOON. JANUARY 27, 1897. Senate convened at 2 o'clock P. M., with Lieutenant-Governor Haggard in the Chair. The roll call for third reading of bills was resumed. Senator Hogate made the following report: MR. PRESIDENT: Your committee of one (the author), to which was referred Senate Bill No. 47, introduced by Mr. Hogate, has had the same under consideration and begs leave to report the same back to the Senate, with the report that he has had said bill re engrossed, including the amendment proposed by Senator Early, and as now engrossed recommends that the bill do pass. HOGATE. Which report was concurred in. Senator Duncan, Chairman of the Committee on Education, made the following report: MR. PRESIDENT: Your Committee on Education, to which was referred Senate Bill No. 191, introduced by Senator Collett, has had the same under consideration, and bega leave to report the same back to the Senate, with the recommendation that said bill do pass. Which report was concurred in. DUNCAN, Chairman. Senator Duncan, Chairman of the Committee on Education, made the following report: MR. PRESIDENT: Your Committee on Education, to which was referred Senate Bill No. 217, the same being a bill for an act to authorize Boards of County Commissioners to make certain donations, etc., introduced by Senator Newby, has had the same under consideration, and begs leave to report the same back to the Senate, with the recommendation that said bill be indefinitely postponed. Which report was concurred in. DUNCAN, Chairman. Senator Duncan, Chairman of the Committee on Education, made the following report: MR. PRESIDENT: Your Committee on Education, to which was referred Senate Bill No. 226, the same being a bill for an act concerning the election of School Trustees, introduced by Senator Gostlin, has had the same under consideration, and begs leave to report the same back to the Senate with the recommendation that said bill be indefinitely postponed. Which report was concurred in. DUNCAN, Chairman. Senator Kerns, Chairman of the Committee on Agriculture, to which was referred House Bill No. 96, the same being a bill for an act to amend section 1 of an act entitled an act for the regulation of weights and measures, approved March 9, 1895, introduced by Mr. Smith of Allen, has had the same under consideration, and begs leave to report the same back to the Senate with the recommendation that said bill do pass. Which report was concurred in. W. F. KERNS, Chairman. Senator Watson introduced Senate Bill No. 286, entitled: A bill for an act to provide for the better government, control, management and general supervision of the State Prison at Jeffersonville and Michigan City, Indiana, providing for the appointment of Boards of Control for said prisons and other matters properly connected therewith, fixing the terms of office of the members of said Board of Control, repealing all laws and parts of laws in conflict therewith, and declaring an emergency. Read the first time and referred to the Committee on Prisons. Senator Sweeney, by request, introduced Senate Bill No. 287, entitled: A bill for an act to amend section ten of an act entitled an act concerning ferries, and prescribing punishment for the violation of its provisions, approved April 16, 1881, the same being section 488, Revised Statutes 1881. Read first time and referred to Committee on Roads. Senator Sweeney introduced Senate Bill No. 288, entitled: A bill for an act to legalize all action of Notaries Public, whose commissions have expired, or who, at the time of transacting any notarial business, had no Notary Public commission, or who have been ineligible to office, and declaring an emer gency. Bill read the first time and referred to Committee on Judiciary. Senator Ball, Chairman of the Committee on Enrolled Bills, made the following report: MR. PRESIDENT: Your Committee on Enrolled Bills begs leave to report that it has examined enrolled Senate Bill No. 62, introduced by Senator Newby, and has comp.red the same with the engrossed bill, and finds that said bill has been properly enrolled. Which report was concurred in. WALTER L. BALL, Chairman. Senator New introduced Senate Bill No. 289, entitled: A bill for an act defining school districts of the first grade, and establishing the system of school government therein : Read first time and referred to Committee on City of Indianapolis. |