The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-24
THE NEUTRALITY-SUSPICIOUS..
An Examination Into the Laws and Pre-
cedents of the Case.

Fort Wayne News.
The Fort Wayne Journal, in its review Of the
questions arising in regard to the threatened atz
tempt to GUST Colonel Robertson from the posi-
ton to which he has been elected. seems to over
look some important featuresin the CONSTITUTIONS
and laws which govern the question.
1t assumes that the contest will be decided by
the Senate. The Constitution art. B, Sec. 81
provides that contested elections for Governor
or Lieutenantg governor shall be determined by
the General Assembly, in such manner as shall
be prescribed by law"
The mode prescribed By law" is that specih-
cations of the grounds of contest shall be de-
livered to the Speaker of the House of Repre-
sentatives, who IS to give notice of such contest
to both houses and to the party whose election
is contested, and each house Is to elect viva
voice seven of its members, who shall be COM
mttee to decide such contest. Revised Stat
utes, Sec 4743-46
1t thus appears that the Senate which is only
part of the General Assembly, cannot decide
the question.
1t is also assumed that Mr. Smith who was
elected president pro tenn Of the Senate In 1885,
will be the presiding officer of the next Senate.
The Constitution says Article g. Sec. Ill:
Whenever the Lieutenant governor shall act
as Governor, or shall be unable to attend as
President of the Senate, the Senate ehall elect
one Of its own members as president for the
occasion"
It would seem from this that on the next occa-
sion some other member may be chosen, and it
tenant governor will not be acting Governor,
and will be able to attend as President OF the
Senate.
The Journal also omits, In citing the act which
provides that ''all existing vacancies in office"
shall be filed, TO add, that that act only took
effect Sept. 49, 1881 (see Revised Statutes, 1861.
Sec 4735 and that the precedentS cited all arose
before the passage of that law, and when there
was no provision of law upon the subject.
There can be no rational doubt that positive
enactment annuls all presidents and laws which
are in contrayention of the statute passed subse-
quently The Journal speaks of IAN attempt of
Col r. S. Robertson, the newly elected Repub
lican IAeutenant-gov to exercise the duties
of ex-oficio president OF the Senate" as IL
there were doubt of that being one of the du-
ties he was elected to exercise. He will un-
doubtedly attempt to exercise all the duties Of
the Office the people have elected him to, and
though it may seem foolish to give advice to
the Democratic party, We warn its leaders that
the people will not submit tamely to any at
tempt to over ride their will but sooner or later
crush out all revolutionary methods of this kind.
II there is any question upon which the DEM
Gratis ought to be estopped, it is this.
Their Attorney general, on the question being
submitted to him by Governor Gray on a review
of all the constitutional and legal enactments,
and the presidents cited. gave a written opinion
that vacancy existed, which should be filed at
the November election The Democratic cor-x
vention frat nominated Mr.. Nelson for the Office
and the Republican convention. held later, fol-
lowed its example and nominated Mr. Robert
son. The election followed and the voters elected
Robertson. If the abolished s'precedents are
with Mr.. Smith, the law common sense and
Justice are with Robertson