The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-09

this day filed in Office, tO-wit.
Il that will support the Constitution of the
United States and of this State and that will faith
fully discharge the duties of the Office of justice of the
peace in and for Harrison township, of said county
and State to the best of my skill and ability. SO
help me God CORNELIUS MEAGHER,"
Subscribed and sworn to before me this 9Th day of
May, 1856. MERRILL n. SMITH,
Clerk Vigo Circuit Court.
Attest my hand an official seal this { tn day of May,
1886. MERRILL N. SMITH, Clerk.
The decision'in the case of Smith vs.. Moore in
the May term of the Supreme Court, 1883, cor
responds with Meagher's case The case fur
nishea&he proper construction to be placed upon
the section of the Constitution.
The decision in the case above referred to says:
AS we have seen, the provision of tho Constitution
under consideration provides that NO person elected
to any judicial office shall during the term for which
he has been elected. be eligible to any Office" The
language of the section is not that party shall be in.
eligible during the time for which he shall have been
elected This, think implies that there she'll be
term by which the inegibity shall be measured and
that the term in contemplation begins and can only
begin with the occupancy of the office by proper quail
ifcation.
The Supreme Court has recently decided an.
other case, holding justice of the peace elected
to another county Office to be ineligible because
his term as justice ran until midnight of the day
on which he was elected to the other Office. The
reason Meagber was put upon the legislative
ticket was because of his supposed strength with
the workingmen. yet he received only twenty -one
more votes than Mr. DickersOn, his Republican
competitor. He was considered very popular,
being personal friend of Senator Voorhees, and
of John e. Lamb who. it was thought, might be
pulled through and elected to Congress if Meagh-
er's name on the ticket Vigo county is
clearly Republican on a square vote If Secre-
tary of State Myers insists upon giving the GER
ti6cate to Meagher, he can easily be ousted by
process of law. If another election were ordered
the Republicans would elect their candidate. If
Mr. Meagher comes before the next House of
Representatives, with the constitutional prohibit
ton against him, he could not take his seat. In
any and all events, Vigo county will not be rep
resented by Cornelius Meagher.
Said warm personal friend of General Man
son: "All this talk about Manson continuing as
Lieutenant-governor emanates from persons in
Governor Grav's interest Now, to Gray,
Manson doesn't like a hair of his head. 1t is
said that GrayS hope is to run Green Smith
in. Now that's nonsense. Attorney general
Hord gave an opinion when General Manson took
the collectorship that the Office of Lieutenant-gov-
ernor vacated, and the Democrats nomi-
mated Lieutenant governor to head their ticket
1t is too absurd to talk about. Governor Gray
can work scheme that will do him any good.
If the Legislature elects Democratic United
States Senator it will certainly not be Governor
GRAY
"Who will call the new Indiana Senate to
order?" was question raised yesterday. Elk
Acknowledgements Hanna saws: at will not
be called TO order by Senator Green Smith. but
by the Secretary of State as in 1881. Smith
will cut no figure. though President pro tenn. of
the last Senate, for the reason that the Indiana
Senate, unlike the Senate of the United States,
is not continuing body. The new Senate wilt
elect President pro tenn who will preside I'M
til the t-governor-elect Is iuducted
into Office The Senate and House, in joint
session, will meet canvass the returns and de.
clare who is elected Lieutenant governor As
soon as that ia done the Lieutenant governor
will take the oath of Office, and he is then Presi-
dent of the Senate"
Chairman Huston, of the Republican State
central committee. said yesterday: I'VE claim
we are justly entitled to eighty in the Leeisla-
ture on joint ballot That Yigo county Demo