Evening star., 1886-11-29
The Situation in Indiana.
To the Editor of THE EVENING STAR.

WASHINGTON, D. Co. Nov %, 1886.
AS am an old Indanian, desire to correct
some OF the errors yOn unwitttngly led into in
your article on the senatorial contest In the old
HOOs1er state in your Saturdays issue. You say
'there the controversy turns upon the eligibility
OF democratic legislator-elect who was chosen
justice Of the peace, but never qualified, and
against whom Is quoted passage In the cOnStitu-
tiOn providing that no person elected to judicial
Office shall be elected to one which is not judicial
during the term for which he was first chosen"
The records, as filed with the secretary OF state
show that this democratic representattve-elect,
18th OF last APRIL chosen justice OF the peace that
some time in May he prepared his bond, which
was executed and accepted, and on the 22d day OF
October, few days before the election, he was
sworn in as said officer. Some Of the democratic
papers there say he did not take the Office for
after he was sworn in the commissioners reduced
the number OF justices in his township from five
to four, before he did any business, and hence he
was not de tactO such Officer while all republicans
as well as many democrats maintain he was JUS
t1ce OF the peace de fuctO as well as de jure.
In 1869 a similar case came before the legisla-
ture from the district in which l resided. James
H. Peele democrat, received more votes for repre-
years before that Peele was elected justice OF the
peace, but soon resigned The house declared that
Beatty had received the most votes cast for any
eligible candidate. John H. COffrOth, candidate
for judge OF the supreme court this fall on the
democratic ticket, as well many other promi-
nent democrats, voted to turn Peele out and put
Beatty tn This case now under consideration,
being identically the same, will be decided in the
same way and will make at least tie There are
thirteen other contests already commenced, so the
result does not hang Oh this one alone. AS to the
before the last legislature adjourned the Senate
elected Green Smith, senator from Jennings
county, president pro TEN. 1t was not anticipated
avowed candidate for United States Senator that
Lieutenant Governor Manson would resign or
vacate his Office. He did so last summer, however
tn anrNff NJ nn1in
at that time thought Smith was the lieutenant
governor. He was young and inexperienced
In statecraft, and hence unit for acting
governor in the event OF Gray'S election
to the Senate. In his dilemma Governor
Gray went to the democratic attorny general and
asked his advice about there being a vacancy in
that Office. That officer rendered decision that
there was vacancy, and soon after the demo-
cratic state convention met and nominated a can
didate TO I'LL 1t. Three weeks after the democratic
convention the republicans met and also nomi-
mated a candidate for that position; and to the
eandda1e Was Elected Now Il this his
lieutenant gOvernOr-elect is permitted to take his
seat 1t cuts off Grays election to the Senate for it
would make a republican governor for the next
two years. AS soon the result OF the election OF
lieutenant governor was known an effort was
made to have Manson reinstated by declaring that
that when he accepted the collectorsllip he
vacated the other Office, and he would have
tsr to do Nna with it and sad BY
dishonorable action in my life, and don't
intend beginning such course nOw."
Gray, not willing to give up the fight, has turned
his attention to young Smith, and has been
earnestly creating the opinion, or trying to do so
at least that he is the only legitimate lieutenant
governor: Many democratic papers from the start
have Hdiculed this idea. I might copy from
number have before me il had room. Hon. John
b. Stol, recent candidate for government printer,
and editor OF the South Bend Times said: 'Come,
Drethern, let US have no childS play about the
lieutenant gOvernorship. On the strength
OF the opinion OF q democratic attorney general,
the several political parties nominated candidates
for lieutenant governor to I'LL the vacancy. An
election was held ana Col. Robertson received
therefore duly elected and entitled to take his
seat. Let us be manly about this business and
gracefully accept the situation"
IL mas just been discovered that the constitution
bars Mr. Smith from holding the office Of
lieutenant governor. Section OF article OF the
are divided into three separate departments
legislative, the executive, including the admins
trat1on, and the judicial, and no power charged
with Omclal duties under one OF these departments
Shall exercise any OF the functions OF another, ex
Gept aS In the constitution expressly provided" I"
This closes the controversy about the lieutenant
governor, and both houses will be presided over by
republicans, who will have the choosing OF commit
tees, etc., etc., and the republicans OF that state
think they have much the best prospect OF elect
ing United States senator. C.Y.P.
HENRY GE0RGR 10 START PAPKR-Henry George
SAID In New York Saturday that he was making
arrangements for the publication OF a weekly pa
per whlch ne Intended TO issue on the first day OF
the year. He said It would be about the size OF
the Irish World and would sell for fve cents. The
name OF the new paper will be the Standard. Mr..
George said 1t win be published In the interests OF
all VINO work with hand or brain.