Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20

Tie question OF the validity OF the late elee-
ton is agitating Indiana Just at present, and
even ooscureS the coming presidential election.
The lawyers OF the state differ In opinion on the
subject, and as yet nothing has been deter
mined With regard TO the matter. IL appears
low that only one OF the amendments was
brought before the state supreme court In
the case upon which 1t rendered decision.
That WAS the amendment relating TO residence
qualifications, and IL was assumed that the
courts decision, to the effect that that amend
ment had not legally been adopted carried with
IL the other two-One relating TO registration
and the other doing away with the october elec-
ton. The latter IS the amendment which In
wolves tie great question OF interest In Indiana
now. 1t is said that some Of the Indiana demo-
Gratis hold that as the amendment relating di-
rectly TO the October election was not before
the court, the latters decision could not have
affected IL; that, therefore, the court not having
In fact. decided that the amendment was not
adopted, Il must be considered as In force, and
hence the october election was not valid. U oon
the basis CT this opinion test case has been ar
ranged and fled before the governor from
whom IT must eventually go to the court Toe
Incumbent OF an Office has protested against
the issuance OF commission, by the governor,
TO his successor, elected on the 18th inst, on
the grounds cited above-that as the October
Supreme Court, the courts decision upon an
other amendment cannot, by inference be made
TO apply TO the former. This will call for an
opinion from the attorney general OF the state,
and upon his opinion the case Will be carried
before the supreme Court. 1t appears that the
lawyers OF the state differ In opinion regardless
OF their politics. Some Of them hold that the
october election was held under the color of
law and that future decision upon the VALIDITY
of the amendment cannot be made retroactive
Others maintain that should the court decide
the election amendment TO have been adopted 1t
would lnvalidate the recent election, and Others
still advise that it Is better to accept the late
decision as final and proceed upon the as
sumption that IL was proper. The latter course
is certainly the best one to avoid confusion,
trouble and perhaps great deal of litigation;
but where the interests OF politicians and Office
holders conflict with this view it Is reasonable to
suppose they will not abide by 1t. Many of
the leading lawyers Of Indiana are assembled In
Indianapolis today for the purpose OF consider
Ing this important question In all its phases
and If posSl bic. to determine upon some definite
line OF action. The indications point 10
another election by the republicans at least, of
all the state, county and congressional candi-
dates OF the second day Of November, In order
TO make sure Of the result. This seems to be
the face OF things, It might appear that the
democrats would be willing TO try the october
election over agatn-on the ground that they
have everything to gain and nothing to lose by
it-such is not the fact. Mr.. English and the
democrats who, with him, are interested
In the presidential election, prefer to
have the recent election stand
Their reason for this policy Is that, with the
election for congressman out OF the way
deputy marshals COZ not be appointed at the
polls. They Insist that the appointment of
large numbers Of election Inarshals, all repub-
ncans, contributed more than all other causes
TO democratic defeat. Deputy marshais cao,
under the Law. only be appoinred at an election
where Congressman are chosen, and unless the
late election shall be invaldated, there will be
no authority for such officials In Indiana mex
Tuesday week. In preferring to have tie
recent election stand, Mr.. English is supported
By those democratic candidates generally who
were successful, they not caring TO risk what
they have secured IN another contest There are
different views In both parties, and unless the
conflicting opinions are harmonked there must
&c great deal Of confusion at the coming elec
r0N