The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-11-17
THAT LAST MONsTROSITY
Legislative Gerrymander on Trial This
Morning Before the Supreme Court
Action in the Case Thus Far-Marsh Accuses
His Wife Of Observation-Disclosures
Of O Small Boy-Court Briefs.

The oral argument in the litigation 20
overthrow the infamous gerrymander will
begin this morning at9;a0 o'clock before the
full bench of the Supreme Court The
suit comes up from Henry county on sp-
peal from decision ovsrruling demurrer
filed by the attorneys for the defendants.
the county clerk and sheriff. The points
decided were that there IL Q just cause of
action and that the court had jurisdiction.
The defense 40 conducted by Attorney-gen-
eral Smith contained = multitude of as
pensions upon the motives In the case. and
reflected upon the court mp to the limit OF
forbearsnce. All such illusions, how
ever. were ruled out The ground OF de-
Tense 10 that this Rerrymsnder 10 no
worse than others that have preceded
II. and that 1t 10 no moro objee-
tionable than the superintendent OF
1879. upon which the plaintiffs asked to
have the last election of the legislative
candidates. It will be recalled that the
Supreme Court refused TO advance the
case for q hearing in time to affect the
legislative division OF the State before the
election, and continued the hearing until
to-day. The election having intervened
upon the basis of the throttling gerry
mander, the decision of the court may
s safely DO n.r sAp sSesa,ionm.ps ~ the
next General Assembly. Hence the general
principle Of this sort Of politics viii DO in
issue without reference 60 any past sppor-
science was aroused against their injustice
and radical departure from constitutional
linea
The Supreme Court has declared In Q
ruling sSa; the pisns have cause Of 40
upon its merits. Morgan Chandler hold
over Senator from the district Of Hancock
and Rush, was allowed to enter the case
sHsn sdnsr.s to the asr
rymander before the election. would have
declared his seat vacant 1t rs now
conceded that the Legislature elected Nov.
declared i unoonssitutionai. will be legal
and qualified for all the usual duties. Ii
has been suggested that nice question 10
presented in that the hold-over Senators
8, and thereby not entitled to the same i'm
munity In case the gerrymsnder IL over
thrown.
The argument to-day will be conducts
By Mr.. Ferd Winter and ex,Judge NJ. T..
Forkner for the plaintiff and by Attorney
general Smith and ex-Judge Niblsck, at
torney for the intervenor, Chandler. lt 10
probable each side will be limited to
three hours. The court has granted the
Attorney-general ten days In which to file
printed brief, containing an analysis Of
the preceding apportionments. alleged TO
be Just as bad 80 the present one. A sam
pie of this conceded dsprsvity may be seen
IN the following. taken from the plaintiffs
brief 1t is said that the idea Of joining
one strong Democratic county TO half Q
dozen of others, moro or less, according TO
the political exigences pressing, originated
with the late James II. Rice. 1t is .
unique instance of the way TO q political
end, and while admirable for its cunnin z
10 in ths same measure desplcably lacking
In fairness. The existing gerrymander
swings strong Democratic counties first
with one and then another Republican
county, and has it's own proper represent
alton In addition. The following illustrates
this
the Representative unit of population; Har-
rison, lacking Glib; Putnam, lacking IL; Rip
ley, lacking 637. and Franklin. lacking S19,
are represented in the second group of
twenty districts IN connection with other
counties Each of these counties is also
given Q separate Representative. They
have no righs to further representation,
and TO include item in districts with I'M
represented voters 10 TO deprive the latter
of the representation to which they are en-
titled, and could only be 90 intended, or
for some other purpose. in violation OF the
Constitution. The county of Harrison. al
ready over-represented. as We have seen.
10 put in q district for the election
of . joint Representative with Floyd
and Crawford. where IL serves the pufpooe
Of making Floyd and Crawford contiguous.
which they would not otherwise be. The
used again to connect Montgomery and
Clay for joint Representative. and Upton
20 connect Clinton and Madison. The Con-
stitution requires districts 20 be formed
from contiguous counties. This means
that the counties which are required TO be
contiguous shall all be entitled TO repre-
sentation in the district If it 10 permits
sible to use Harrison, already over-repre-
ons. then Marion county. owing to its con-
tral position. may In the same way be made
contiguous TO any of the counties in the
central part of the State. and. by its large
population, control the General Assem- bly,. !"
Troubles of the Marshes.
Another chapter In the famous Marsh
case was commenced yesterday. During
tho early part of October Mrs. Mars.
created sensation in tho basement of
the Courthouse by rushing into the
city clerks office and begging for protec-
ton from her husband who, she said. was
threatening to whip her. The husband
was arrested, and tried before Squire
Daniels for assault and battery, upon an
affidavit filed by Mrs. Marsh. Marsh was
acquitted. His wife then had him
saylng that he was wanted In that State
on q charge of assault and battery with
intent to kill, and that he broke jail while
waiting trial for that onense. Marsh sd-
mitted that he broke jail. but said he W as
not wanted by the Illinois authorities, and
when notified OF bis arrest they refused to
come after him and he was released. In
the meantime Geo. Atkinson. a young man
who seemed to DO st the bottom of all the
trouble between Marsh and his wife, was
arrested when he appeared at the police
station with Mrs Marsh. During Msrsh's
incarceration awaiting advioes from the
Illinois authorities Mrs. Marsh and Adkin-
shon rented property at 231 Columbia ave-
nue., and moved all the property to that
place. When the tangled masa of Difficult
ties was but partially unraveled Mrs Marsh
added q new feature by Ming on the 18th
day Of October Q suit for divorce, which Is
still pending IN Room OF the Superior
Court
Yesferdav Mr. Marah came IN with n me-