Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-16
A Curious MIDDLE in Indiana.

The question of the legality of the recent
election in Indiana has been raised. and II ia
one OF interest to all the people. 1t will be re-
membered that just before the assembling OF
the Cincinnati convention the supreme court of
indiana rendered a decision to the effect that
The constitutional amendment doing away with
the october election had not been legally
adopted, because 1t had not been approved by q
majority OF all the voters OF the state ma
jority OF those voting at the election had voted
for the amendment, but the court held that as
they were minority OF all the voters, that was
not sufficient This decision created consider
able excitement and no little indignation In the
state, 1t being openly charged that 1t was rem
dered In the interest OF Ex-Governor Hendricks:
that his supporters for the democratic
presidential nomination had proStituted
the court In order that they might
say to the democratic convention In
effect, Indiana is still an october state
the democrats must carry 1t to elect Presi-
dent, and Hendricks Is the only man who can
certainly carry the state" Not only was this
charged by republicans, but 1t was believed
and repeated by many democrats The Cincin-
natl convention ignored MI Hendricks, and af-
ter preparations were made for the october
election, the supreme court was called upon to
review its opinion. 1t again reiterated the first
decision. and the election was held. Judge Nib
lack, Staunch democrat and one who stands
high with his party In Indiana, dissented from
the opinion OF the court. and submitted a MI
nority opinion TO the effect that the amendment
had been legally ratified. 1t is now said that
the question Of the legality OF the amendment
viii be brought before the supreme court again,
after the two judges just chosen shall have
taken their seats. These neWly-elected Judges
are republicans, and along with their entire
party have all along declared that the opinion OF
the court nullify1ng the amendment was
not based upon law. Should they, when
called upon TO pass upon this point, hold that
view, their voices, together with that OF Judge
Niblack, (who remains upon the bench) will
constitute majority, which would restore the
amendment, and render void the recent cleo
ton. By such decision the new judges would
not only GUST themselves from Office, but every
body else elected last Tuesday. Mr.. Butler of
Indianapolis. leading republican lawyer, states
that II the question comes before the new court
the republican judges will certainly reverse the
present courts opinion, and declare the validity
OF the amendment. The probability Of such
result IS being seriously considered by the re-
pubiicans In Indiana, and some Of the party
leaders advise that the entire ticket elected last
Tuesday BE again voted for the I'd Of November,
in order TO avoid trouble and confusion here
after. IL is proposed to call a convention Of the
leading lawyers OF both parties, to meet at In
dianapolis and pass upon this most important
question. Should the republicans determine to
repeat the election OF state officers, the demo-
Gratis Will, no doubt, do the same thing. When
ever court departs from the strictly judicial
conduct that should govern 1t In the rendering
or opinions, confusion and often endless itiga-
ton generally follow.