The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-09-06
SUIT FILED YESTERDAY.

Defendants Ordered to Make q Showing ON
Next Thursday.
The suit which is to test the validity of
the Legislative gerrymander of Indiana
was. fileu yesterday at New Castle before
Judge Eugene Bundy. The complaint was
lodged in the Henry Circuit Court by at
torney Albert w. Wlshard. who, in COM
pany with o representative of the Journal.
left for New Castle at 5 O'clock yesterday
morning. The complaint was prepared
under the direction of Mr.. Ferd Winter. of
Winter Il Elan. and in push
ing it before Judge Bundy Mr..
Wishard will be assisted by ~ex-Judge
Mark E. Forkner. 1t being the first day
of court, the charging Of the grand jury.
calling of the docket, etc., occupied Judge
Bundy's attention until noon. and it was
not until $50 p. NJ. that the eerrymander
|ssuit was given an inning. The complaint
was presented by Mr.. Wlshard. who ex-
planned it's purpose, and outlined the course
In view.
The complaint 10 brought in the name of
the State. on the relation of Simon L. Pow
ell. of New Castle, and seeks to overthrow
the gerrymanders of 1891 and 1885 and re-
vIve the law of 1879. 1t asks for an %lnjunc-
tion to restrain the defendants. the clerk
of the court, sheriff and auditor, from per-
forming their election duties in accordance
with either of these later enactments, and
for q mandamus compelling them to
perform these functions in accordance
with that of 1879, which, by the
way, was also 4 Democratic law.
The complaint lays down the propo-
sltion that the acts OF 1891 and 1885
both conflict with the Constitution. which
requires as nearly as posi- bic an equal
division into districts according to voting
population. 1t then sets out aEG analyses
the gross inequalities of the last two APP
p~ostionments IN proof of the proposition.
Having considered the case. Judge Bundy
issued the following order. which was en-
tered on record:
1891. Mandamus. State OF Indiana ex rel.
Simon 7. Powell vs. Benjamin g. Parker ct al.
Comes now simon T. Powell. by Winter d.
Liam. A W. Wishard and NJ. T. Forkner his at
toriieys, and files in open court his verified COM
plant and motion for a writ OF mandamus
against BENJAMIN s; Parker: clerk OK the Henry
Wisehart, auditor of said county. in these words,
to-wtt: Here. the complaint Is reclted.l
And the court having seen and examined the
same. it IL ordered by the court that an altern-
ate writ OF mandate Issue out OF this court un-
der the hand and, seal OF the clerk thereof,
NStO w coi0 WV
said Benjamin 8. Parker forthwith to show
cause why he should not be peremptOrily re-
qnired to certify to the defendant. Kinewalt,
tDi be held Nov. g, 1892, the election
ozone Senator from the counties of Henry. Del
aware and Randolph and one Representative
from the counties of Henry, Madison and Hail.
cock, and one Representative from the county OF
Henry. and commanding the defendant. Rine-
walt, TO show cause forthwith why he should not
be pereinptorily required TO give notice OF
such election in the county of Henry
by posting and publishing such certificate
and delivering a copy thereof TO the township
trustees of said county as required by law under
the provisions OF the act to act to fix the number
OF Senators and Representatives In the General
Assembly of Indiana. approved March z, 1879.
and commanding the defendant, Wisehart, to
show cause forthwith why ne should not he per-
prescribed by law t, the inspectors OF the
general election on Nov. s, 1892, proper blank
| poll-bOoks, tally-sheets, election returns and GER
tincates to enable the officers OF SAID election to
register tally, count and return the votes cast at
said election for said Senators and Representa-
tiyes.
The above writ was served yesterday
| afternoon upon the defendants in the suit
and the case was set for hearing for next
Thursday morning. An early decision
from Judge Bundy Is apprehended. and
since tho Supreme Court will be in session
next week there appears nothing In the
way of an early and definite decision.
The attorneys for the pialntif are pro-
pairing complaints in other suits which
will be filed in the next week or ten days
in twenty-five OF thirty additional coun-
ties covering practically the same grounds
as the case filed yesterday.
| An important question opened up by the
hling OF the gerrymandsr suit Is the effect
1t will have on the hold-over Senators in
the event the law is held unconstitutional.
Attorneys for the plaintiffs hold that tho
courts will he asked to rule that the void
ing of the law vacates the unexpired sem
atorial term.
| WHAT THE CONpI INT SUOUS