Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-08-21
Dearborn and ohio Counties.

dearborn ana ONO Counties
In the Lawrenceburgh Register Of August 0, we
find the article which follows, and by which it appears
that rival claim exists for seat in the Legislature
We have nothing to say. for part, present.
but may have hereafter:
Who Is ELECTED This is a question in which
the people of this county are deeply interested and
one concerning which there seems to be diversity
OF opinion and good deal of mistaken notion. The
prevailing opinion seems be that Lanius because
he received The largest Of any of the candidates
living IN Ohio county, is elected: yet SUCH to us,
does not appear to be the The 4h section of
the lst Article Of the Constitution Of this state pro-
vides That elections shall be free and equal" mean
ing thereby that is not required to live in any
particular spot section Of representative district
to entite him to seat representative; and GER
tainly the Legislature had no right to say in the first
act establishing Ohio county, that she should elect
three representatives jointly with Dearborn county,
but that of them should live within the four miles
square comprising Ohio county.
]. III. Lane was the third highest Of all the cand-
dates yet the two who beat him in this county and
the who was next behind him, because he lived in
Ohio county, are considered elected In order TO shosy
who is entitled to the certificate of election make
the following extract from law in reference 10 coun-
ties electing Representatives Jointly, which may be
found in the Revised Statutes Of 1913, page 1872 Sec
81.
SEc ST. The Sheis Of the respective counties eoaospr
Senatorial District shall the "Wednesday
following the day Of election between the hou
Of and six O'Clock Of the afternoon If said dsy al the
Court House Of the oldest county dis where they
shall compare the several delivered to them by
the said clerks and shall jointly make out and transmit
TO THE PERSON HAVING THE HIGHEST NUMBER
OF VOTES for Senator Representative, certificate of
his election"
BY this it must appear clear that ]. H. lane is
entitled TO the Instead &c Ianus, he having
received greater number of votes the two counties
than Lanus and was one of the three highest on the
ticket Lanius can only claim his under the act
of the Legislature of 1914, and which act came in
force immediately after its passage and its publication
in the Indiana Blade, and it published and took
effect in January, IA but the law from which we
extract the above section did not into effect till
the 18th day of March, following and consequently
being the latest act repeats all previous acts in con-
travention Of the Revised Code, of which this is a
part
The following is extract from the law of a.
and the only section upon which the people Of OHIO
county found claim of n seat for their repre-
sentative; and this act rs repealed by the law from
which we made the first extract. Ii is found in the
% act to organize new county of the county Of
the county of Dearborn" sec. IL, page 8, Of the
" acts of 1874"
SEC. II. The counties of Dearborn and Ohio shall con-
nue to elect three representatives. OF which shall ids
in the county Of Ohio and the county Of DeaIbOrn
and both counties shall form Senatorial District"
In reference the apportionmcnt we find the act of
the 10th January 1871 is continued for the term Of
five years, which act does not expire until January,
1916, and provides that Dearborn county shall have
three Representatives and Senator. This appor-
tionment was made in 1911 and cannot be changed
until 1Si6-accorng to the Constitution the Legis-
lature has no right TO alter the spportionment of
of Dearborn county before next winter, when the term
of five years from the last apportionment will have
expired, so that Ohio county has no right to claim
Representative from her own territory unless he be
one of the three receiving the greatest number of
votes. We speak of these things they are, not
with the intention of asserting the claims of Mr. Lane,
but the claims of the people here-they have rights
which they ought to maintain and which they should
examine to ascertain their. extent.
Lanius and Lane are both Democrats, and were
both nominated by the same Convention, and we
understand that Lanius will not claim his certificate
of election, and if he did, it 10 us that the
Sheriffs of the two counties cannot give IT to him
and OH the other hand Lanes friends viii not consent
that he should back out that we presume he will
claim his certificate of election which he will
doubtless receive under the law. We do not speak
of this as a matter that concerns the candidates
individually, but, concerns this portion of Dearborn
county particularly and to the difference II would
make to the Democratic party ii matters not although
personally, we have very great preference for Lanus
Not belonging to the legal fraternity. we hand the
NATTER ss it is over to the Blade and Mr. Lane, who
no doubt will be able to solve the matter satisfactorily
provided Lane gets the seat, which believe he is
determined TO do.