The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-30
GOING BEFORE THE COURTS.
Legal Proceedings To Be Instituted Test
ing the Claims of Green Smith.
ing Of the Lieutenant Governors Vote
to the General Assembly.

There has been diversity of opinion among
Democrats as to the manner of bringing Green
Smiths claims to the lieutenant-governorshi
before the courts When the question at first APP
peared to duplicate the senatorial contest, sup
port from the party for the ambitious Senator
was not worth pin, but the changes of purpose
within few weeks have been brought around
by several considerations, the principal one be-
ing that Democratic presiding officer of the
Senate was necessary quantity In carrying out
the unwarranted scheme Of unseating Republic
ans in order to preserve an alleged majority on
joint ballot. The Mcdonald men came
to the conclusion that it would be
better to inaugurate contest for the
lieutenant-governorship, and, if 1t went
against them their position would be improved
by the decision holding Governor Gray's aspra-
lions in check, and il it was in their favor the
gain would be important in having what they
most needed. presiding officer who would aid
them in their nefarious purposes Governor
Gray's supporters were willing the effort should
be made, because success in getting Democrat
ic Lieutenant governor would relieve their can
didate for United States Senator from any en-
barrassment of party fealty in making way for
Republican successor if he should chance to be
elected to the United States Senate.
When this point was reached they began to
consider methods of procedure, and to help them
out the so-caled committee Of safety jumped at
| the idea OF appointing committee to consider
how the position could best be moved against
and this committee was composed of legal gen.
tlemen who were presumed to know the various
processes of restraining order injunction and
quo warranto. majority favored an injunc-
ton, but whom 70 enjon was the next question,
one as vexing as the manner of bringing suit
AS the Secretary of State is the custodian and
cauvasser of official returns, through which COL
Robertson will secure mis- title to the Office, the
gentlemen nursing an injunction decided
that he was the proper omclal
against whom the legal process should
be aimed They had the scheme thus
reduced to point of action, but what to enjoin
him from doing suggested ITSELF and after much
discussion they concluded that the surest move
would be to prevent him from issuing certif-
cate of election to Colonel Robertson. The
scheme proceeded on the supposition that as the
cretary of State issued certificates OF election
to every other officer he would necessarily do it
to q Observation-Disclosures elect, and papers ap-
plying for an injunction of this sort were about
completed yesterday. It proposed to file
them In the Circuit Court of the county late last
evening, but they did not come to the clerk. The
secret of delay les in the opinion of the Score.
tary, no Doubt That official told reporter that
An injunction with the purpose of preventing
him from issuing certificate of election to Col
Robertson would be of no force, as that act did
come within his powers, The able lawyers for
the contestor doubtless had this bit Of unques-
toned law beaten into them during the after
noon. for it is understood they have changed the
character of the Injunction they need. A new
set of papers, or the amendment of those already
prepared, will be fled within two days. praying
that the Secretary of State be enioined from
certifying thu returns to the Speaker of the
House 1t is hoped that the situation will be
mastered IL this way. The case when filed will
be pushed forward on the calendar to get
an early decision and a transfer To the Supreme
from the Circuit Court.
Quite a number of Democratic leaders were in
the city yesterday. They had nothing to say for
publication, but in the quietness and secretveness
of an informal consultation they talked over
senatorial possibilities. To the Mcdonald Non
Governor Gray is becoming unnecessarily indus
trous. That gentleman keeps his own counsel
but he is every evening about the hotel Hobbies
statesmen. 1t is this, with other things,
that is worroying the ex.Senators sup
porters. and TO them there is manifested
something like force that means contest for
the caucus nomination Hence the Sentinel's
dorble-leaded advice that caucus should be held
at al early date to settle the senatorial cand-
dacy is not looked upon guieless suggestion
for the good of the party. This question was
considered by the consulting leaders yesterday,
and they decided not to encourage the idea of
holding caucus until the Legislature meets In
the organization of the Senate they also con.
cluded that Captain Hillicass ought to be the
Secretary Of that body, with James Walsh as
assistant.
A Logansport Democrat speaking of the at
tempt to deprive Colonel Robertson of his seat
as acknowledgements, says: 'The pres
ent political situation in this State is
one that places Judge Nelson, of our city, in
an en- barrassing position and it is said that Mr..
Nelson feels the embarrassment keenly.
By the course that is being pursued it is ad
mitted that Judge Nelson was nothing more than
hgure-head--a piece of furniture put up simply
to be knocked down His nomination was a rec,
and when he was stumping the State and spend
ing his money it really meant nothing. Judge
Nelson is an honorable gentleman. He made a
square and open fight andAwor friends. In Cas-
county his neighbors bore testimony to his
worth by placing him way in advance of his
ticket Now for this shameless combination of
thieves ard tricksters to openly declare that
Judge Nelson was fraud, and openly repudiate
the legitimacy of his race. is too internally bold
and shameful to be countenanced or tolerated by
respectable men in either party. i tell you right
here that the Democrats in Indiana are getting
tired of this thing, getting tired of being led
around by Ike Gray and his willing followers.
The fight this year was made in the best faith
by the rank and file of both parties. The Re-
publicans won their Lieutenant governor what
ever dispute there may be over the Legislature.
They won this and ought to have it. If Gray
and Eb Henderson beat the Republicans out of
this Office this year honest Democrats will give
them the Governor two years hence I'll vote
with the Republicans, and there are scores of
other Democrats that will do the same thing.
The line must be drawn somewhere"
The Kennedy Puntenney Contest.
Special to the Indianapolis Journar