The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-28
LOwRY-WHITE.
The Elections Committee Divides on Party
Lines and Declares Vacancy.

LOwRY-WHITE.
The Elections Committee Divides on Party
Lines and Declares Vacancy.
Special to the Indanapolis journal
WASHINGTON, Jan. 27-As I anticipated in
dispatch to the Journal last night, the House
committee on elections divided on party lines
to-day in deciding the Lowry White contested
election from the Fort Wayne district The
committee first voted on the proposition that
White. not having proved by record evidence
that he had taken out naturalization papers,
was not eligible TO the seat. On this all the
Democrats of the committee voted aye and all
the Republicans voted no; then vote was taken
on the resolution declaring that Lowry, not hav-
ing received majority of the legal votes cast.
not entitled to the seat. On this all the MEM
bers of the committee, except OfNeall, of the
Vincennes district, voted aye. ONeall con-
tended that Lowry was entitled to the seat. and
voted no. He held as did ex-senator McDon-
aid. who is credited with power to control
O'Neall, that after Lowry posted notice declar-
ing that White was not naturalized and swarm
ing" people against voting for him, all votes
cast for White were illegal or not
valid, and that Lowry only received
the legal votes cast. Two or the Democratic
members of the committee voted against White
condtionally, with the understanding that after
they have looked further into the case they msy
change their opinion as to the law in it. ard
without prejudice, the matter now stands
there will be three reports made 10 the House
one signed by all the Democratic members of
the committee, declaring White to be ineligible;
one by O'Neill, holding that Lowry was elected,
and signed by the Republican members of
the committee, showing that White was natural
L - l.
law prove the fact by other than record evil
dence.
Captain Whites friends in the House, and
they include every Republican and many Demo
Gratis. contend that the majority report against
him cannot be finally sustained, because law.
and justice and principle which all fair and
honest men must recognize, are in his favor.
By his pleasant demeanor and gentle
manly bearing Captain White has
many friends, even among Democrats, who will
be hard to drive over, under the party lash,
against him, notwithstanding Lowry is cracking
the whip and vociferously calling for the party
herdsmen to give the command. Lowrys
friends report tonight that he is much de-
pressed, having hoped that the Democratic ma
jority would declare him entitled to the seat
Except for his characteristic bulldog tenacty
and vinegary disposition, it is said Lowry would
throw up mis- hands. for. though he wants it, he
believes he cannot get denomination.
The Senate committee on privileges and cleo
tions to-day decided to make an investigation
into the alleged election OF Mr. Turpie, of In
diana, which will be begun three weeks from to-
day. 1t is thought the investigation will take
some time Although report is expected in the
Lowry White case next week, a decision may
not be reached in Turpie's case under three
months.
Statement from Captain Whites Attorney.
Hon. W. II. Calkins, of this city. was Captain
Whites counsel before the committee on elec-
ii ons. and, in interview last evening. said to
journal reporter: ''The grounds upon which
Lowry based his contest that of alienage.
Captain White showed by incontrovertible
testimony that, in February, 1865, be was
in the Common Pleas Court of AL
len county, and received from the clerk of that
court certificate of naturalization. Isaac
Jenkinson, of Richmond, Ind, editor of the
Palladium, and Vim. T. Pratt, sheriff of
Allen county, both testified to the fact of Capt.
Whites naturalization. Their testimony was
not contradcted by single witness. Captain
Whites certificate of naturalization lost
and probably burnt up in his store which was
by fire several years ago.
shown by the testimony and which was uncon-
tradicted. not only failed to record Capt Whites
certificate of naturalization. but in a hundred
and more cases, shown by the testimony,
failed to record the naturalization of other
foreign born citizens of Allen county. Among
those that he failed to record were those of Hon.
John d. Sarnighauseu, Harry Templar, FIR.
Theme and many others. A list of $50 persons
was given who were and are in the same con-
diton. besides others who, it was shown.
had emigrated West and had written back to
Fort Wayne for copies of their naturalization
order to enable them to prove up land titles and
homesteads; but not vestge trace of their
proceedings could be found upon
the records. II was also shown that the record
of the court had been forged, and that divorces
had been granted by the CLERK without any note
on the judges docket that complaints had been
filed or judgments passed This destroyed all |
reliance on the record entries in Allen county.
After proving all these facts, it seems that |
the Democratic end of the committee has in
sisted upon applying the most technical and |
rigid rules against Captain White and refused
to receive parole testimony to prove his citizen
ship They did not stop with this technical |
rule. They seem to have gone further, and de- |
clare by their actions that they will receive
parole testimony to prove the contents of his |
lost certificate. The Uniform rulings of the |
courts have been and that certificate of |
is conclusive proof of citizenship
The universal rule OF law Is that, where writ |
ten instrument is lost DESTROYED. parole proof |
may always be made of its contents.
Tt seems the Democratic end OF the con- rnittee |
for partisan purposes have attempted to declare |
Captain Whites seat vacant in order to restore |
Indiana to the Democratic column in case Tvs |
vote is required TO settle the presidential count
ut the next election.
1.-THE political question involved is grave
one, because if White is unsested aad Demo- |
crat succeeds him, IndianaS representation Will /
stand six Republicans and seven Democrats. The |
same may be SAID other contest pend |
ing in Congress from another State. where a like |
result will probably be reached. TIE political |
com mplexion of the States stands twenty |
Republican and eighteen Democratic. By re- |
versing the will of the people in the two instan-
cies mentioned. the States will stand twenty /
Democratic and eighteen Republican. This Is a
sufficient statement tn show why the result was |
reached in Captain Whites case
What is your opinion to the final vote or I
the House the committees reportl'
II do not believe that the House will ever al /
low Captain White to be thrown out, and will /
be much suprised and disappointed If il does" : I
Mr.. Calkirs said further that the majority of |
Captain White over Lowry exceeded the total [