The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-18

to begin and Secretary Myers followed it up by
saying the waiver came before the court with
the consent of the Attorney general. In effect
this paper put the defendant in the position of
throwing up his hands In regard to the question
of jurisdiction. which was one of the main issues
In the court below and upon which the decision
there rested. 1t sought TO have the defense con-
Quoted on an entirely different phase of the suit,
not on denial of jurisdiction which the court
below sustained
Attorney general Kitchener was about to deny
that he had given his consent to this course,
when Judge Niblack said, with. no little impa-
kienee and testiness:
= You can't confer jurisdiction by filing waiver.
That YOU waive the question at issue adds nothing to
our jurisdiction. The law and the stand just
they did, and it is function TO pass upon the case
and it is presented by the papers before u.s. The
attorneys can't make any agreement that will bind
this court in any such manner as that. We are not
here as arbtrators or referees simply In disputed
political question The facts and the law govern us
In passing upon suits they before us
Attorney general Kitchener then emphatically
disclaimed any responsibility for such action on
the part OF the defendant. in whose behalf he
appeared On the contrary, he strongly opposed
1t when Secretary Myers consulted him about It.
Have | the right to file this waiverW asked
the Secretary.
''You have the right" replied the Attorney
general, "but it will do no good" The remarka-
bic document was then formally filed and pre-
ssnted TO the court The argument then began
pellant, each one OF the attorneys appearing in
the case being limited to an hour and half.
The Major followed the course laid down in the
argument Of the case in the court below. He
occupied the remainder of the morning, and was
followed in the afternoon by Jason Brown after
whom came the Attorney general, and then, in
turn, w. H. HI. Miller, who comes into
she hearing on behalf of Colonel Robertson
Mr. Millers speech brought the proceedings
up to a quarter past 5 o'clock, when an adjourn
nj wa ad nj 1hnn T,1HO
Purpie will complete the argument. The entire
ground was gone over as in the court below,
the conclusions pro and con being of like import,
end hssed on the delicious referred to in the
heretofore full reports of the case
Secretary Myers, disappearing his action, said
70 reporter: II supposed the people wanted to
know whether there had been Lieutenant
governor elected or not, and that by waving for
malties a decision the true issue could be
reached at an early day" Bat Republican re-
sur case away. Our position is that the court
aas no jurisdiction. He proposed to abandon
shat We feel sure that we will win on the case
As presented in the lower court so successfully.
snd why should we desire to throw away GER
tain victory2 We are for Robertson the Secre-
tary is for Smith, and seems to be trying to be-
tray as. He has proceeded without consulting
,he Attorney general, and evidently is making
this only party matter"
The audience at the hearing was mostly of
legal gentlemen, with sprinklng of politicians
When asked about the course that had been
pursued by Secretary Myers, Attorney general
Kitchener last evening said to Journal report
err ''Mr. Myers came to me with the document
and asked me if | would advise him to file it, to
which replied that would not advise it. ]
also said that he had tho rght to file it if he
wished, but it could not ep,ter jurisdiction of
the subject matter upon the court. He then
asked me if it would do the case any harm If he
fled II. to which / replied that it would neither
harm or benefit the case. In saving that con.
sented to the filing of the waiver Mr. Myers mis-
construes the language used; at least he and
construe it differently"