NOTICE OF ELECTION CONTEST.
Mr. PIERCE of Porter, presented the protest of James A. Thornton, of Laporte county.
It was read as follows:
To the Speaker and members of the House of Representatives of the State of Indiana:
James A. Thornton, of the county of Laporte and State of Indiana, respectfully shows to your honorable body that he was the Republican candidate for Representative to the State Legislature in and for the county of Laporte, at the late State election, and that Simon Wile was the Democratic candidate for the same office, and received the certificate of election thereof, and has been sworn in and taken his seat, as one of your body.
Your petitioner objects to said Wile retaining his seat for the following reasons:
That the vote in Cass township, in said county, was counted and allowed by the Board of Canvassers thereof when said vote ought to have been rejected, because the Judges and Inspectors of election in said Cass township adjourned for dinner upon said day of election. Also, after the polls were closed, on said day, in said township, the judges and inspectors of said election, in violation of the law of this State, adjourned from the school house, where the said general election was held, to the village of Wanatah, to count and inspect the ballots or votes, a distance of two miles from said school house. That after their arrival at Wanatah, they commenced and continued counting the votes until they adjourned for supper, after which they completed the counting of said votes.
Your petitioner avers that, by reason of the foregoing action of the judges and inspectors of said election, in said township, the votes ought not to have been received or counted; that said election was wholly void.
And said Thornton further states that he would have been elected by a majority of eighty votes had the votes in Cass township been rejected, as they ought in law to have been.
That the whole number of votes cast in said township was 267, of which said Simon Wile received 203, and said Thornton 64.
That the whole number of votes allowed for said Wile was 2,937, and for said Thornton in the whole of said county.
In consideration of the foregoing, said Thorn-ton asks your honorable body to make due inquiry into matters and things stated in this page: 30[View Page 30] paper, and award him the seat now claimed and occupied by said Wile, if by law he is entitled to the same.
JAMES A. THORNTON.
January 7, 1869.
Mr. PIERCE of Porter, then moved that the protest be referred to the Committee on Elections, and that the contestant [Mr. Thornton] be allowed a seat on the floor.
Mr. COFFROTH showed the irregularity and impropriety of the latter pan of the motion of Mr. Pierce. He said it was irregular to allow the contestant a seat on the floor, especially as there is really no contest in this case, if he was correctly informed of the facts, this being the first intimation of a contest yet made, there must be notice given to the member declared elected within ten days after the returns are made.
Mr. PIERCE of Porter, simply desired to give the contestant the courtesy of the House--the privilege of the floor.
Mr. SLEETH thought the proper time for admitting Mr. Thornton to a seat on the floor, would be when the report of the Committee on Elections was made to the House, for its action, but certainly not now. This has been the case heretofore, and is proper courtesy to the contestant. He moved that that part of the motion of Mr. Pierce which refers to admitting the contestant to a seat on the floor be laid on the table.
The motion was agreed to, and then the protest was referred to the Committee on Elections.
