The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-12-15

Orr, who pretendS TO represent MaolsOh anu
Delaw are counties, was chosen to fill the un.
expired term of Mr.. BursOn, who was
elected in 1870, but died during his term,
while Mr.. Hall, who assumes to be senator
from Floyd and Clark counties, was chosen
in 1872 TO supply the place of Senator
Keigun, who was elected in 1870
and resigned after two years service.
Thus the men whom the republicans are
about to thrust into the Senate, to the exclu-
sion of the Senators chosen by the people in
! October, are merely substitutes who were
elected to fill unexpired terms, and claim
to hold office two years longer than the meR
whom they represent were entitled TO hold
it. In other words, they assert that they
have succeeded to rights which their princi-
pals could not have claimed. The Stiffness
of such a doctrine Is established by the legal
principle hat a man can not obtain through
another rights which the other did not him.
self possess. The declaration with which
section 3 OF article iv. of the state cOnstitu-
ton opens applies simply as a general rule
establishing the term of Office, and does not
provide for those exceptional cases in which
vacancies occur. Those the statute of In
diana provides for by declaring that: "Every
person elected to fill any Office in which a
vacancy has occurred shall hold such office
for the unexpired term thereof" Here is
the specific rule of conduct for the guidance
of state officers in such cases as those under
consideration, and, according to all rules or
theories Of Interpretation, they are to look
to such minute and particular directions as
giving the spirit of the more general pro-
visions of the law.
To foist Messrs. Orr and Hall, chosen to
fill senatorial terms which have now ex-
pired, upon the people of Indiana for two
years longer, would be not only directly
contrary to the practice OF the general gov
eminent, and of other states, but would vio-
late the spirit of the very article of our con-
stitution quoted in support of the scheme.
The section in question runs as follows:
Senators shall be elected for the term of four
years " q . & from the day mex after their
General election; provided, however, that the
senators elect, at the second mseting of the gen.
eral assembly under this constitution, shall be
as can be; and the SEATS of senators of the first
class shall be vacated AZ the expiration of two
ration Of four years; so that one-half, as nearly
as possible. shall be chosen biennlaily forever
thereafter. And in case OF increase In the num-
Der of senator's, they shall be so annexed, by lot.
to one or the other of the two classes, as TO keep
them as nearly equal as practicable.
The design of this article is to secure the
division of the Senate INTO two equal classes,
to be elected alternately. so that the body
may retain experience in lis ~counsels, and
at the same time be sensitive to the changes
of public opinion by having its constitu-
ton partially altered every two years. To
effect these purposes two classes were
created at the first session of the Senate,
whose terms of service expired at differ
ent periods. These separate divisions
have been maintained ever since, and
to break into them would soon render
it necessary to call another session like that
held after the adoption of the constitution,
to determine once more by lot the different
classes. The fact of the matter is that every
senator elected is chosen into one of these
classes and his term of Office expires with
that of his colleagues. Messrs. Orr and Hall
fell into the division of the Senate which re-
tires from Office this year, and they can not
hold over without violating the spirit
OF the fundamental law as well as
the specific terms of the statute.
T.. Now let Us come down to the practical
question as TO how this outrage can be per-
petrated. The senate will be organized by
the auditor OF state in accordance with the
provisions OF section 2 of an act of the last
legislature, in special session, approved
December 10, 1872, which runs as follows:
Ii shall be the duty Of the auditor of state, in
addition TO the duties devolved upon him
by law, TO be present in the senate
niy, at the time d~esianated BY law,
or otherwise. for the meeting of any special or
coed 10 organize the Senate, and shall perform
all and singular the duties which have hereto
fore been done and performed by the secretary
general assembly.
1t would appear from the terms of this act
that it lies in the power of the auditor
TO recognize Messrs. Orr and Hall, the
would be senators, and through their aid Sc
cure for his party the control of one
branch of the legislature. Will he be
guilty of such an act? The Sentinel can
only say in answer, that, judging from his
past record he can not allow himself
to be used by political partisans for
such a dishonorable purpose. 1t would
not be improper for Mr.. Wildman to come
forward and openly disavow any part in the
conspiracy now on foot. Neither he nor
the republican party can afford to sacrifice
Justice and right for the sake of a temporary
advantage. The gsrrymandering from
which so much was hoped has been fol-
lowed by defeat, and nothing but disaster
could result from this more dangerous
A Possible Improvement.