The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-18
SECRETARY MYERS SCHEME.
He Attempts a Trick in the Supreme
Court in Green Smiths Interest.
In Refusing to Permit the Extraordinary Pro-
ceeding, Judge Niblack Speaks Emphatic
ally ofItS improperly and Irregularity.

Proceedings preliminary to the argument in
the Supreme Court yesterday morning, on
Green Smiths application for an injunction
against Secretary of State Myers in order to
hold back from the Speaker of the House OF
Representatives the certified returns OF the
election for Lieutenant-governor, were singular
and somewhat exciting. They regarded as
an effort of the Secretary to help his party in
making Smith the presiding officer of the
Senate, which is now looked upon as an alb
golute essential In carrying out the revolution
airy methods the Democracy propose to follow
in an effort TO elect United States Senator. 1t
is not unusual for defendant in other classes of
suits to dicker for compromise, but one which
ls supposed to involve the settlement of con-
stitutional and statutory law public opinion
regards as something beyond legal trickery,
even when the defendants partisanship is in
keen sympathy with that cf the
plainant What occurred yesterday morning
recalls an incident or two of the past
week that at the time seemed trivial.
One morning. few days after the
argument of this case in the Circuit Court,
Green Smith went to the telephone in the Grand
Hotel and asked for the immediate presence of
the person to whom he was talking. Within
few minutes Secretary Myers appeared at the
hotel and was met by Smith. The two went up
stairs and were seen no more that evening by the
gentleman who came casually across the incl
dent. The Journal had occasion on Wednesday to
refer to the Secretarys active interest in the case
in a manner that suggested the possibility OF his
partisan feeling getting the better of his judg-
ment Secretary Myers became cyclonic Ia his
6enunciation of even suspicion that he was not
treating the State fairly ii this suit In his
contradictory statement he said: II was not of
fcious In the matter and did not try to influence
the court, and, above all, said nothing to re-
fleet on the Attorney general, or to prevent him
from having ample time and opportunity for
preparing for the argument The talk we had
was all good patured, and could not be construed
otherwise
This, In justice to the Secretary, who yester
dAy morning indirectly confirmed the inference
drawn from his consultation with Green Smith
and his attorney, and the Journal reference to
his late-in-the-day activity to get presumably an
early settlement of the question by presenting to
the Supreme Court judges the following paper;
The appellant herein expressly valves any question
in said cause as the form of the remedy and all
other questions therein except to whether Sec
rotary of State it is his duty TO deliver the sealed
packages named in the complaint to the Speaker of
the next House of Representatives lawful returns
of legally holden election the I'd day of Novem
Der. 1886 for the Office of Lieutenant governor of
said State W. r. MYERS.
The appe llant eoncurs in the above waiver and re-
guest. A. g: SMITH.
j. w. GORDON.
D. TURPIE
j. B. BROWN,
For aDnalanf