The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1891-05-27
The journal" Attacks the
Apportionment Act.
An Injunction Suit Against
the State Secretary.
Mr.. Matthew'S Position to Be
Tested in the Courts.
Ex-senator Mcdonald Says 1t
Amounts to Nothing.
And Editor New Is in Line as the First
Injured Citizen.

After soliciting and urging upon the
party for months the desirability of con-
testing the validity of the legislative APP
portionment act of last winter, the Journal
has been forced to take the matter in hand
on its own responsibility, and Friday
afternoon its junior proprietor filed suit in
the superior court with that end in
view. The suit is to secure an injunction
against Secretary of State Matthews and
Public Printer Burford to restrain them
from including the apportionment bill IN
the published acts.
Readers OF The SENTINEL Will remember
that after the Legislature had adjourned 1t
was discovered that some commissions had
been made in the enrolled bill, which is
the one receiving thesignatures of the pre-
siding officers OF the legislature alter pass
ing over the governOr'sveto. The engrossed
bill, which was the one passed by both
houses, was correct in every particular.
The clerk of the house thereupon inserted
the omitted words in the enrolled bill.
The error was a purely clerical one. The
matter then stood that the legislature had
passed one bill the engrossedl which the
presiding officers thought was the one
they were signing. The intent OF the
legislature and its officers was plain.
When discovery was made the Journal
set up a howl to have the law de-
clared invalid. Wiser republicans saw
nothing TO be gained thereby and
refused to take action in the
premises, so the journal was forced to
proceed on its own account. The Jour
NUS complaint as filed by its attorneys,
w. W. Field, Smiley y. Chambers and
Peelle & Taylor, bereft of its legal verbiage,
is as follows:
The relators complain ot said defendants
and say that the said Claude Matthews and
William B. Burford are now. and for five years
last passed have been. residents and voters OF
Marion county and state OF Indiana.
That said defendant, Claude Matthews, is
now and for three months has been, the
legally elected qualified and acting secretary
OF the state of Indiana; and as such secretary
is the only legal custodian of the acts passed
by the last general assembly OF the state OF In
diana and charged by law with the duty OF
publishing and distributing the acts OF the
last legislature; and that the act hereinafter
referred to, and upon and about winch this
complaint is made, does not become a law OF
the state OF Indiana unless the same has been
published and distributed by the defendant,
and due proclamation is thereof made by the
governor of said state.
That on the 9Th day of March, 1891. the said
general assembly passed act entitled: An
act to fix the number OF senators aud represen-
tatives to the state of Indiana; and 10 appoint
the among the several counties OF the
state and repeal all laws in conflict herewith;
and said act was only signed by the speaker Of
the house and the president OF the senate of
said general assembly, not having received
the approval OF the governor oil the state. And
said act was duly enrolled, and deposited. and
filed by the proper authorities IN the othee OF
said secretary OF state, where said enrolled act
now is.
That sec. . of said act, purports TO apportion
the senators of said stale for the general assem-
bly, thereof among the several counties, but
the county of Monroe is ntlrey omitted from
said act, Tor senatorial representation, and SAID
act makes no provision IN any OF its ports Tor
any representation for Monroe county, in the
stnate of the general assembly OF the state.
Sec of said oct, purpOrts to apportion two
representatives OF said state. among the several
counties but the county of Gibson is entirely
omitted from said section, except one represen-
tative with the counties OF King and Wander
burg. And from said act for representation In
the house of represent natives no provision Is
made in said enrolment Gct Tor reptesen-
taticn for Gibson county. And il said
act is published as passed and enrolled, said
county OF Monroe will have no representation
in the senate. and said Gibson county none In
the house, except as Aforesaid.
That after adjournment OF the said general
assembly and said enrolled act had been filed
in the Off OF the secretary OF state, the word
Monroe was inserted and inierlined in the sec
ond section thereof and thereby changing the
clause BrOlcn and bartholomew one senator, TO
read Monroe, Br0lcn and bartholomew one SEN
dtOr
That in the third section of said act, as
passed and enrolled, and after the filing of the
same, and after the adjournment OF the general
assembly the words Gibson one representative
were inserted and interlined therein. That
said interlIneation was made without authori-
ty, and is void, and is part of the act as
possessed. That said Matthews, knowing the
interlineations, changes, and forgerles,
as set forth above, IS now preparing
to publish said act with said interlineations as
one of the laws of the state of Indiana. And
plaintiffs ars informed and believe that the
said defendant, William b. Burford, who has
the contract for state printing 10 assisting the
said Matthews in this publication, and SAID
Matthews is threatening and will publish said act
with said interlineations. changes and forgeries,
as ode of the law of the state of Indiana unless
he is restrained by this court, and II said act is
published as changed, great confusion. irrep-
arable harm and damage to your REALTORS aud
the citizens generally will ensue. Wherefore
plaintiff prays judgment of this court that said
defendants, and each of them, he restrained
and perpetually enjoined from publishing and
distributing SAID act, and that this court order
and command the defendant that said act be
Committed from the publication oil the 6ots OF
the last general assembly of the state OF In
diana.
Following this complaint are certain
citations from the constitution of the
state, urging the unconstitutionality OF
the act passed.
The attorneys for the REALTORS are NJ.
W. Field, Peelle & Taylor and 5. \. Cham
bers.
Nothfng TO Re Gained
When Secretary of State Matthews was
seen last night in regard to the suit he
said: This is the first intimation
have had that the suit has been fled, and
am considerably surprised, as | do not
see what advantage can be gained by the
republicans even if the act should be de-
clared unconstitutional. If that was done
the old law would necessarily be the one
governing the legislative apportionment
and there is very little difference between
the two acts.
"The law provides that the acts shall be
published from the engrossed bill, and in
! this case the engrossed bill, which is abso-
lutely correct, is now in the hands OF the
printer, together with the other acts. The
printing OF tue acts OF 1891 is nearly com
| pleted and we expect to begin the distri-
| button of them by the 10Th of this month
| Should this restraining order be granted
| il would entail delay OF probably two
months in the distribution of the acts, a:
they would necessarily have to be re
81