The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-01
PRAYING FOR ANINJUNCTION
Green Smith Goes Into Court with His
Claim on Col. RObertsOn's Office.
Proceedings Instituted to Enjoin the Secre-
tary of State from Transmitting the
Sealed Election Returns to the Speaker.

CealeQ Election returns TO the SPEAKER
After six or eight weeks search of musty
statutes that would have any possible bearing
on the subject, Green Smiths claims to the
lieutenant governorship appeared in the Circuit
Court yesterday afternoon. How to steal the
election to that Office from Colonel Robertson
was momentous question to the Democracy
1t had a complexity about it that required the
counsel of every Democratic lawyer of note in
the State, and in the conflict of ideas the hopes
of the aspiring Senator have more than once
been In danger of collapsing Every one of the
counselors agreed something ought to be done,
but how to do it presented greater difficulties
than the conspiracy to GUST Republican Senators
in the event contests were pushed against in
eligible Democrats in the House. There was
formidable opinion that Smith had no business
to compcate unfavorable Democratic conditions
by bringing his claims to the front, but those
who held to this view for some cause or other
became easy converts to the Greensmithsonian
idea It was then that the leaders of the party
began to manifest interest in the af-
fair, and to take it almost solely out of the
aspirant's management His near friend and
on to the case from the beginning. insisting on
action that would bring around an early de-
cision. Largely through his efforts the suit has
been adopted by the party so far as its managers
can act for it. These men, the same who
formed the plan of raidng the Republican seats
in the Senate, have virtually, as it is expressed
by some, turned their backs to the will of the
majority. They have made it party question
after the people had voted them out of the
State offices, and not before.
If it is ever assumed that the individual only
and not the party organization, is to be cousid
cred in this suit, the last meeting of Democrats
Of legal prominence, at the Bates House, an
evening or two since, can be accepted as proof
positive that the leaders lately have had more to
do In shaping this case than the Senator whose
name gives title to the complaint At that
meeting several veterans of law and politics
were present It had already been decided how
the claim should appear in the courts, and all
that remained TO be done was to prepare the
formal statement of the reasons why Smith
should be Northumberland. Every para
graph and allegation went through, reaching
legal analysis before the counselors consented
to adopt it. After this even words and phrases
were scratched out and interlineation followed
interlineation. The gentlemen were at it until
| far in the night and then even somebody sug
gested finishing correction. This had to under
go the same torturng of expressions and altera
tions of nouns. adiectives and verbs. 1t
herculean task, and when considered complete,
the able collaborators discovered that they
had prepared prayer for the court.to enjoin an
officer from doing what he had no statutory
power to do The complaint was in readiness to
file on Monday. when this fatal error of trying to
prevent certificate OF election being issued to
Colonel Robertson by the Secretary of State set
the lawyers at work TO readjust the prayer In
correcting it to suit the emergency it is the
opinion of lawyers that the plaintiff and his
supporters have placed themselves in worse
position than they would have been had the first
form remained. The injunction asked for is Of
a sweeping character, and seeks to tie up in the
hands of the Secretary of State all the returns
he is required to certify to the House.
Perhaps Smiths abettors will find that it
would have been better to follow ex-senator Nc
Donalds advice. He expressed a lukewarIn in
terest in the matter at the beginning but when
he was brought into consultation about the
course 10 pursue he opposed tho injunction pro-
cess. He thought there were better ways of
reaching what the Democratic leaders we're
after and he held his views to the last 1t is
understood that, while he does not desire TO OBJ
struct the Smithsonian idea, nor that of the
Democratic party, he is not favor
able to the injunction plan. Democrats
who have close interest in these
proceedings expressed the opinion last night that
they had strong case. They referred to the
complainant as a model of legal cons truction and
when gentleman said there was some uuneces
sary verbiage 10 it, as in all legal documents, the
complaint felt offended and did not think news
paper justice could be done to his cause unless
all the SaidS" and ''aforesaidsn were retained as
brisk reading.
The complaint sets forth Smiths election as
Senator from Jackson and Jennings counties in
November, 1884, and his election as President
pro tempore of the Senate April 49, 1885,
stating that he remains in possession Of this
office, and is willing and legally entitled to dis
charge it's duties, mo other person or member
of said Senate having been chosen or elected to
said Office" The second paragraph relates to
a. Al ,oF Mail N
ant governor for four years. his acceptance, in
last July, of the Office of collector Of internal
revenue for the Seventh district of Indiana. and
his vacation thereby of the Acknowledgements
ship. The plaintiff claims that, because of this
vacancy, he succeeded to the Discharge of the
duties of Leutenant-governor and zig in pos
session thereof, and lawfully entitled TO dis
charge the duties Of said Office, as required and
provided by the Constitution and laws Of the
State"
The complaint then recites that at the last
election four persons, duly qualified, were voted
Tor as candidates for acknowledgements, "pre-
tending that there was vacancy which could be
lawfully hled;" that returns and certificates,
regular IN form. were made out by the officers
/ o. said election of the pretended vote for said
false, simulated, fictitious vacancy" that the re-
turns were duly sent to and regularly canvassed
by the canvassiug boards, at the county seats in
the several counties; that the clerks OF the Cir
cult Courts, on the day after the meeting of the
several canvassing boards, executed, under their
official seals, certified statements of the s'pre-
tended vote" for candidates for Lieutenant gov.
ernor, and transmitted them to Indianapolis di-
rected to the Speaker of the House of Repre-
sentatives, in care of w. R. Myers
Secretary of State; that these sealed
packages are now in the custody of the Secre-
tary of State, and that 'he threatens to and
will. in violation of the plaintiffs rights respect
ing the subject Of this action, unless prevented
by Intervention and injunction of court' deliver
said packages of returns to the Speaker of the
House of Representatives when it meets in or
der that they may be opsned, canvassed and pub
! ished, when the person receiving the highest
| number of votes will be declared Lieutenant
governor and twill take possession of the Office
and discharge the duties thereof to the great,
] grieYous irranarahle ininry damara and datri-