The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-01-09
THE OBSERVATION-DISCLOSURES


alleged constitutional lawyer, thinks
he has discovered a mares nest. The
Sentinel says che has been investigating
the subject, and, after mature delibera-
ton and great research, has arrived at
the conclusion that Colonel Robertson
will be Lieutenant governor of Indiana
after Monday next, Jan. ID, and that no
one else can take the seat.n Mr.. Reeves
mature deliberatiOn and great research
have led him to emit column and
half of rot arranged in the form of
legal opinion to the above effect. This
opinion is one of many Democratic doc
tors. They have been trying for good
while to find some way out of the hole
in which they placed themselves by
their revolutionary course two years
ago, and as the time for the meeting of
the Legislature approaches they become
more anxious. They are making north
west passage out, but just when they
think they have discovered one they
find themselves in a cut de sac. The
fact is they are hemmed in on every
side. They are between the devil of
their own record and the deep sea of the
Constitution, and they cannot get away.
Mr.. Reeve goes to the trouble of cit
ing various provisions of the COnstitu-
ton, and drawing on his brain power,
to prove that the Lieutenant governor
can only be elected when members of
the Legislature are chosen, that he can
only be elected for four years, and that
his term of Office can only begin on the
second Monday in January in every
fourth year, from and after 1858. He
comedies that Col. Robertson was duly
elected Lieutenant governor in 1886, but
insists that his term of Office does not
begin till Jan. IA, 1889, and runs four
years from that time. From this won
derful discovery, it follows, according
to Mr.. Reeve, that Robertson is not
ACKNOWLEDGEMENTS yet, though elected
two years ago; that he will not become
Lieutenant governor till the 14th inst;
that Hon. Ira j. Chase, though elected
last November, will not become Lieuten-
ant-gOvernOr at all, unless Robertson
resigns; and that the Office being now
vacant, the Senate must choose new
president pro TEN. to act until Jan. IA. In
other words, as Green Smiths no longer
on hand to usurp the Office of Lieuten-
ant-gOyernOr, new usurper must be
chosen to act for four days. Reeves
sO-called opinion is only interesting as
demonstrating the anxiety of the De-
mOcrac,. 20 escape from their record. AS
pretented exposition of law it is rub
bisb. The whole point of his argument,
if it has cny, is that popular elections do
not elect, and that instead of the COnsti
tuition being made for the people, the
people are made for the Constitution.
Eventually we think the people will sue
coed in beating into the Democracy that
this is not correct view of popular gov
eminent.
Two years ago Colonel Robertson was
elected acknowledgements by popu-
lar vote of go, 1922 against $685. 9S for his
Democratic opponent. The Office had
become vacant by Lieutenant governor
Manson's acceptance of federal Office.
Being vacant it became the right and
duty of the people to fill the vacancy at
the next general election. There was no
dissent from this opinion. Both parties
nominated candidates, and Colonel Rob-
ertsOn was elected as above stated. He
and his competitor were both nominated
to fill vacancy, and it was the distinct
understanding on all hands that the per-
son elected would serve for two years
only. If Nelson had been elected no
question of the legality of the election
or the duration of the term would ever
have been raised. But because Colonel
Robertson was elected the Democrats
organized conspiracy to keep him out
of office, put Green Smith forward as
usurper, and in plain defiance of the Con-
stitution kept him in as President of the
Senate during the entire term. Colonel
Robertson received plurality of $500
out of total vote of 474,351. His term
as Lieutenant governor began on the
second Monday in January after he was
elected, and will expire on the
18th inst, when the term of his
duly elected successor will begin. 1t
will be the right and duty of Lieutenant
governor Robertson to preside at the
organization of the Senate and till his
successor qualities. The pretense that
he was elected for four years is an after
thought, just as was the former pretense
| that he was not elected at all. The
Republican position now is just what it
has been from the beginning
Colonel Robertson was legally elected
Lieutenant-gOvernOr in 1886, for two
years. Any departure from this position
| Ia unconstitutional and revolutionary.
AS to the legality of his election there
has never been an honest doubt in the
mind of any good lawyer, no matter
what may be said or claimed to the
contrary. The pretense that he was
elected in 1886 for four years from Jan.
| IA, 1889, is as prepOsterOus as it would
be to claim that Chase was elected in
1888 to serve four years from the second
| Monday in January, 1898. If Reeves
argument proves anything it proves
| that Robertson was legally elect
ed in 1886 for two years, and
| that Chase's term must begin on