Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-08-26
The Indiana Supreme Court.

The Indiana supreme Court.
The Nation, though it has thrown itself
with vigor into the support of the Repub- /
licsn party in this campaign, evidently
does not propose to shut it's eyes and go II
blind in everything, and in its latest issue
it neatly pricks the bubble blown to such |
tremendous size over the alleged intention |
of the judges of the Supreme Court Of
Indiana to grant rehearing of the ques-
ton as to the validity of the constitutional
amendment by which it was proposed TO
change the State election there
from October to November. 1t will
be remembered that the amendment
was submitted TO the people at recent
election held for other purposes and that
it was requisite in order to
effect the adoption of the amend
ment that it should receive a
majority Of the gOtes cast at that election.
1t did receive a majority of all the votes
cast for or against the amendment; but
large number of voters failed to vote
either one way or the other on the amend
ment, and yet voted for officers at the
election, and these votes, added to those
cast against the adoption of the amend
ment, constituted decided majority of
all the votes cast. 1t was, therefore,
commended that the amendment did not
receive majority of the votes cast at the
election at which it was voted on. aud this
is unquestionably true. The friends of
the amendment commended, however, that as
majority of those who did vote on the
question favored the adoption of the
amendment that it was adopted, and out of
this controversy arose the question which
WAS submitted to the Supreme Court of
the State.
We confess We cannot even imagine
what else was to be done with so impor-
tant question affecting the very founda-
tions OF the State Government, nor can
we well conceive of one about which even
judges might more readily honestly differ.
A ma GRITTY of the Indiana Supreme Court
decided that the amendment was not
adopted in accordance with the terms
of the act submitting it to the people, and
there arose at once chorus of denuncia-
ton against the judges, who were Demo-
Gratis, and it was freely declared
by the most reputable Republican
papers West and East that it
was purely Democratic trick 10 give the
Democratic party the benefit of an Octo-
Dor victory to offset the Republican
victory in Ohio that year Again, it was
assumed that there was something wicked
about this alleged desire OF the Democrats
to keep Indiana an October State, though
there was nothing whatever said about the
fact that the Republicans OF Ohio have
apparently no desire to make that any
thing other than au October State.
This was the condition of Republican
opinion concerning the attempt to amend
the Indiana Constitution down to qnite a
recent date, but now dreadful rumor
goes abroad that there is disposition
manifested on tho part of these wicked
jud yes to grant rehearing OF the
question, and straightway stalwart corre-
spondents are sent forth to discover a
discreditable reason for this. A New York
Times man has the honor, we believe,
of making the desired discovery.
He has gone to indianapolis and
inter viewed. After conversation with
the Republicans there he declares
that the general feeling" is
that the Democrats are now sure o. defeat
in Indiana, and that the court proposes tt
take steps toward reversing its decision il
order to save the party from the advers,
effect of tremendous October defeat
Here is where the Nation so neatly prick
f the bubble of the false pretence. 1t call
, attention to the fact that it was the C0ultSe
for tic Republicans ~d1 demanded dnt
t argued fer this reteariag, and that i
the rehearing is, then, part o
t corrupt conspiracy on the part of tn
n Judges, the Republican managers, an,
I their counsel who demanded it. must b
: in the conspiracy. 1t is difficult to inagin
O a more complete disposal than this Of
v vile attempt to impeach Judicial homo
f and honesty for the sake of gratifyin
j. partisan prejudice and hate, but we shout
n not wonder if, even this far from til
# scene of the eveIts, stump speake
/, would be found who will crafty his ignoi
IT ant hearers by assailing the Indian
al Supreme Court for decision ON o purel
Ia legal question which was partly base
II upon very similar decision nude, an
unquestionably yielded to, by a Republ
can Supreme Court in one of the Nortl
Ie western Republican States. Yet the me
y who thus assail judges on the bench fc
e. legal decisions which they do not happe
st to like, pretend to be shocked that the
is opponents should "abuse" mere polit
Is cian like MIR. Garfield by repeating what
lie Congressional committee, controlled by h
ii own party, has said about him.