The Indianapolis journal., 1886-12-10
GREEN SMITHS INJUNCTION.
Judge Ayres Will Probably Render His
Decision on the Case TO-MorrOW.
How the Vote for Lieutenant Governor Could
Be Canvassed on Returns to Which Smiths
Proceedings Do Not Apply.

1t is probable Judge Ayres will give his dscls-
ion to morrow on the Smith application for an
injunction against Secretary of State Myers.
When asked yesterday about the matter he re-
piled: II will be ready to decide the question as
soon as have considered the brief Major Cor
don is to submit. II was to have been handed to
me this morning, but the Attorney general
wished to have copy, and when that is sup
piled the brief will come to me- If get it be-
fore court adjourns will give il consideration
tonight and probably render the decision to-
morrow. 1t will not be elaborate, as the case
will go TO the Supreme Court in any
event. think it is of moro i'm
portance to have it in that court
early than for me to enter into any lengthy an
alysis of the Law; / will make quick work OF it
and hand down no written opinion
1t is the opinion of legal gentlemen who have
given this proceeding some attention that the
plotting Democracy have overreached them
selves. The counselors of Smith and other
gentlemen of his party, when his pretensions
were imposed upon them as party measure, a
disregard Of which would cause complications in
the scheme to rob Republican Senators Of their
seats were for weeks vexed by doubts as to the
form the suit should take. Quo warranto at one
time was thought of, and then an injunction
against the Secretary of State to prevent him
from issuing certificate to Colonel Robertson;
but that officer detected the weakness
OF this process in that shape. He does not
issue a certificate of election to Lieutenant
governor. and the impossibility of enioining him
from doing something which he had no power to
O0PfOrm fO
plaintiff until the complaint had been drafted.
1t became necessary twenty-four hours before
the filing of the complaint to change its prayer
in order to have the Injunction against what the
Secretary of State can do. and, In fact it is the
only duty he has in the matter-that of trans
mltting the returns to the House. ''In their
zeal, said lawyer, last night, they forgot the
double character of the transmission of these re-
turns. Attorney general Kitchener called atten-
tion to this feature of the statute, providing for
the transmission of two sets of re-
turns both prepared by the clerk of
the Circuit Court. He is required
to transmit one set to the Speaker of the House
by his Senator or Representative, who shall de-
liver the same to such Speaker on or before the
second day of the session The other set reaches
the Speaker through the Secretary Of State. 1t
s this set that will be withheld if the injunction
is granted. But there is nothing TO prevent the
Speaker from canvassing the returns trans
mltted to him through Senators and Representa-
tives. With an Injunction Smith would be as
far away as ever from the object of his ambition.
Chairman Huston said yesterday that the Re-
publicans would have four majority on joint bal
lot, not counting the contested seat in st. Joseph
county. There is disposition to abandon this
case, but many Republicans urge that it be
pressed. The chairman remarked that he never
had much faith in the ST. Joseph county contest
VIM. Farrall and Amos Stout, of Orange
county are in the city. They regard the indict-
ments against Republicans in their section of
the State as a design Of the Democrats to sup
port the furore they propose to inaugurate about
bribery and illegal means Of election in sustain
ing their contests of senatorial seats. Butthey
will find themselves mistaken" Mr.. Farral con-
tinued. I'VE do not intend to submit to such
treatment The Republicans of Orange went
into this last fight to win, and did it honorably.
The State ticket was kept up to majorties
local officers. All we ask is the moral support of
the Republicans of the State"
What do the people your way say in regard
to the ant-governorship?
Il never hear it mentioned except by few
rabid politicians. The voters of his party do not
care about Green Smiths claims, and whenever
mention is made of the suit it is only as ordinary
comment on the news of the day. / was talking
with Marion Democrat, and a State officer,
too who said he did not believe in fighting after
an election. When am defeated, even by one
vote, that is enough for me- he said. McDon-
aid, believe, has the favor of his party in
Orange county. but the Democrats look for a
struggle, and if the caucus is narrowed to a fight
between English and Gray, tie latter will get
their support"