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COURT’SON CLAIM OF SCKRAGE■ .i .» ■ i ^ ■» ■■ ■ ■ *Schrage to Appeal to High Court to Settle Question of LawTOKARZ CONTROLLERFollowing Jnd^c Norton’s ri*l-iiiK tills morning;. Mayor Boyle announced the following appointment*:City Controller—John A. To* t, knrz, who Is the secretary of the jjcounty democratic orgrnnisBntfon.'Board of Public Works—Hugh Brown and Michael Ivozacik, democratic members, and James W. Burton, republican member.Mayor Boyle also Issued n statements ^(iuite naturally we are very pleased at the decisionreached by Judge Norton,” me said. “We felt sure of our position from the outset, and this contention has been justified* I pledge myself to serve the best interests of the city, with the Intention of giving the l»est possible government, and I feel certain that I shall have the support of the best citizens of the city in this resolution. I want to take this opportunity to thank the voters and friends who have supported me throughout my candidacy, and I promise in return the best administration of which I am capable,* directed at preserving and advancing the welfare of the city.”Thomas S. Boyle officially became the mayor of Whiting this morning when Judge E, Miles Norton in the circuit court sustained the demurrer filed by his attorney against the complaint of Walter Schrage, whohas been administering the office jointly with Boyle pending this decision. Thus in one city in Republican Lake county the Democrats have gained a foothold, since Boyle was elected on the Democratic ticket.:, To settle the question of law, Schrage’s attorneys will appeal the ruling to the state supreme court, but the joint mayoralty arrangement terminated today.One previously decided case, regis-tered^on page 90 in the 102nd Indiana, determined the entire Issue. In the demurrer filed by Attorney Joe Conroy, the legal question, that of the right of Schrage to contest for the office, was raised. Any other Issue was not involved in this proceeding.WHAT NORTON HELDIn substance Judge Norton held that Schrage was an entire stranger to the election, and that he had no right to bring any action against Boyle in view of the election certificate held by Boyle from the Whiting election board. In other words, the right to contest lay with Francis “Bab’’ McNamara alone, who held a certificate from a board of recount commissioners, and when he died his recount certificate went to the grave , with him. It w as implied by the court that McNamara would have had a prima facie case for contesting the election, since the recount had called into question the matter of which of the two had received the greatest number of votes, but under these circumstances no one could take over McNamara’s right and fight the case in his name, since Boyle- had once previously been declared the election winner.•According to attorneys, there never before has been a case in Indiana determined with exactly this set of facts and circumstances surrounding it.HISTORY or CASEThe history of the case as follows—Boyle was returned winner ofContinued on Page Fifteen
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Whiting Evening Times
Whiting, Indiana, US
Sat, Feb 08, 1930
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IN, USA 05 Oct 2016
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Whiting Evening Times
