The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-12
DILEMMA OF THEDEMOCRATS
The Party Leaders SchemiHg toSet Aside
the Law Relating to Meagher's Case.
What Democratic Senator Says About the
VigO Representatives Ineligibility-Col.
Thompson Points Out the Law.

derson's room, with Mr.. Meagner, of NiSo, pres
ent in something of the character of an honored
guest. 1t went so far that about score of
politicians locally well known came to pay their
respects to John E. Lambs protege
among them Sim Coy, James Walsh. Dr.
Metcalf and others of magnitude
But Senator Voorhees,. ex Senator Mcdonald
Congressman Lowry, Cyrus :. McNutt John P.
formed the circle that surrounded the guest from
an early hour until 1870 O'clock, when the dis
tinguished party separated. The prospective
legislative condition was discussed without form
ulating any plan of action to preserve the Dem
ocratic majority on joint ballot unless it is to
make fight against the seat Of Mackey, joint
Represen tative elect for Knox Vanderburg and
Gibson.
1t was intimated outside by one or two gentle
men who heard the talk of the circle, that con-
test for Mackeys place would depend largely
upon what the Republicans did in reference to
Meagher 1--WE believe Mackey is ineligible, !"
said Mr., Henderson, ION account of not being in
the State the length of time required by the
Constitution fora member of the Legislature He
came from Nebraska. He has not been
Al
for member of the Legislature. nor one year
in the district in which he was elected. got a
dispatch, yesterday, stating that Mackey had
lived in the district but six months. That is
prima facie case of ineligibility With this star
ing them in the face, / don't think the Repub-
licans will insist on unseating Meagher"
'Do you still hold that Meaeher did not quail
fy as justice of the peace.
ooh no. He admits he fully qualified by tax
ing the oath of Office and giving bond, but we
understand the County Commissioners reduced
the number of justices and the man Meagher
to succeed lost his Office by this act. We
claim there was no Office of the kind to which
Meagher was elected. But the Offset is in the
Mackey case, and that contest may be pushed"
Have you any other possible contest on your
list?'
''No. That is the only one so far; but we in
tend to protect our majority on joint ballot.
Other topics in reference to the late election
talked over were held closely from inquirers by
the gentlemen who took part in the reception to
Mr. Meagher, who left for home a late train.
James F. Cox, Democratic Senator-eect from
Morgan, johnson and Brown counties was asked
last night for his opinion in regard to the eligl-
bility of Meaeher, of Terre Haute. Il do not
think he replied, ''that there is particle of
doubt but what he is ineligible. l have looked
up the decisions of the Supreme Court on the
matter, and the decisions there recorded
are plain and specific He not only can
not hold the office, but the decision puts
IN the hep0Ollcan canOlOaLe, LOT u plainly says
that the Office shall fall to the man on the ticket
who has ths next highest number of votes 1t
will be folly for the Democrats 20 attempt to
defend his right for the seat wheI, the decision
is so plain. It was the awkwardest piece of po-
.itical work ever knew of, for Voorhees, and
Lamb, and other Democrats who knew of the
case. to allow him to remain on the ticket"
The politicians at the Democratic headquar
tiers affect to be greatly elated over discovery
that Capt j: B White. elected over Judge
Lowry in the Fort Wayne congressional district.
is not naturalized citizen of the United States,
and consequently ineligible to serve as a Con-
gresham. They say that Captain White, who
is Scotchman by BIRTH only took out his first
papers. and neglected to take out his second.
They neglect to state that the Captain was gal
liant soldier and fought for his country, to do
which he took an oath quite as binding as the
oath.
Among the election stories told at Democratic
headquarters is to the effect that Tom Han
Ian, whom General Manson succeeded as col
lector. voted IN Terre Haute at the recent cleo
ton. His vote was challenged and he appealed
to ex-Mayor Haven and other leading Demo
Gratis to swear him in, but they would not do it.
He finally found a reckless man and his vote
was sworn in. Hanlon's family does not live at
Terre Haute, and it has not been his home, but
he was on hand to help out Lamb.
Col. Thompson Cites Law and Precedents.
Special to the Indianapolis Journal.
TERRE HAUTE, Nov. IL. In the midst of the
speculations and surmises as to the outcome of
the contest for the control of the Legislature, il
is refreshing TO meet one who out of the store
house of his memory and knowledge of the law.
can brush away the many claims that are made
in ignorance of the law and the facts In a
talk with Col. R. w. Thompson much that has
appeared in print as the Goods whole truth of
the matter" was readily shown to be- not only
but half truth and half lie," but altogether
and preposterous. Speaking of the
Manson programme. he said that In the first
place TOO much importance had been attached to
the supposed right of the presiding officer to
cast vote in the event of tie in the joint con-
vention, a right he does not possess. Colonel
Thompson pointed out section in the Constitu-
Of Congress or federal officer shall
hold the office of Governor or Lieutenant gov
ernor thus effectually putting an end to the talk
of General Manson resuming the Office of Lieu
tenant governor. Regarding the President pro
tenn, the venerable statesman sad
More than fifty years ago l was President
pro tenn. Of the Senate when there was vacancy
Wallace having resigned to make the race for
Governor. When the Legislature met presided
until the count was completed and the Governor
and acknowledgement sworn in, when the
governor took the chair"
There are no duties that the President pro tenn
can perform which would be material in the
matter of the election of United States Senator
that the Democratic majority of the Senate
could not have performed even though she pre-
siding officer was opposed to It,
Speaking Of the constitutionalty of some of
the gerrymandered districts, Colonel Thompson
held that the districts of Vermillion. Vgo and
Sullivan, and Lawrence, Orange and Dubois were
not constitutionallv composed He holds that
the provision that joint districts may be com
posed of contiguous counties does not give the
power TO make the string long
enough to suit the party demand For instance
Lawrence and Orange have enough votes for a
Joint Representative, and. when the two are
Joined. the power IS exhausted, else the process
might be carried on ad infinitum, and all the Re