The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-10-05
is In THE SUPREME COURT
Arguments to Advance the Gerryman-
der Suit Will BE Heard On Tuesday.
Attorney General Smith and o Democratic
Senator Admitted TO the Case-DiyOree
Suits and Miscellaneous Court News.

The Supreme Court r~econvened yester-
day morning after a recess of two weeks.
Winter IL Elan, NJ. L. Forkner and j. I'll.
Mellett, counsel for the relator and
defendants in the gerrymaEder suit,
which was decided at New Castle by
Judge Bundy in favor of the ~relator.
appeared AN made q motion to adj
vance the case on the docket and that an
early day be set for the hearing. The mo-
tion was ordered filed by Chief-justice
McBride for consideration. Judge Nib
lack then secured the hearing of
the court aud asked leave To file an
intervening petition on behalf of Morgan
Chandler. The petition sets out that the
petitioner Is q resident of Hancock county,
and in 1890 was elected to the State Senate
for four years as the representative Of
Hancock and Rush counties. He calls at
tention TO the constitutional provision Civ
ing him the office for four years, and that
an United States senator Is 10 be elected
by the next Legislature. He alleges that
the decision of the Henry county court is
wrong. and jeopardiZes his rights. and
therefore asks to he admitted as u party TO
the suit in course of appeal and settlement.
This petition was also ordered to he Mod.
The court took the petitions into consider
alton, and during the afternoon sent down
the following orders:
Parker ct al. vs.. State OK rel. Powell. No.
1871. From the Henry Circuit Court.
By the court: Come the parties by counsel and
present this Joint petition by both appellant ano
appellee, praying for the advancement OF the
said cause, and that the court, by special order,
nix the time for the filing or the briefs and Tor
the argument of the cause, orally or otherwise,
which said petition Is in words and figures FOL
lowing. Here follows the petitioli.) J. Comes also
Morgan Chandler, by William l.. Niolack, his at
torney. and presents his intervening petition In
words and figures following: tHere follows the
petition.)
And the court, after full consideration, grants
the prayer OF said Morgan Chandler, and he is
admitted as an intervening party. With leave to
hle a brief, and to participate in the argument or
said cause.
And. thereupon, action on the joint petition
for Advancement. etc, is postponed TO Tuesday,
Oct. IL, 1892, at . o'clock A. NJ. at which time IL
will be heard on written and printed briefs only.
1t further appearing to the court that the mat
tiers involved in said cause are such as effect the
entire people OF the State, and are OF great in-
portance. it is ordered that leave be granted to
the Encouragement or the state TO appear In
behalf of the people. and to take such steps as he
may deem necessary to aid the court in reaching
O just determination thereof.
The clerk OF this court is ordered to at once
serve copies of this order upon counsel for the
appellant, and for the appellee, and for said in
tervenor Chandler, and upon the Attorney
general.
The counsel for the appellee were not
surprised at the action of the Supreme
Court, having expected a movement to
gain time on the part Of the appellants.
The argument to advance the case will be
heard next Tuesday. and the motion of the
petitioners Will probably be granted, ow-
ing to the great Importance Of the litiga-
ton and the fact that there is ample time
for q decision before the election. The
court will not give time TO oral arguments.
it announces, but will decide the matter on
printed and written briefs.