The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-09-22
THE GERRYMANDRR WILL DIE HARD.

The Chicago Herald Publishes a dis
patch from this city, giving what is
claimed to be authoritative information
in regard to the Democratic plan of cam
paign touching the gerrymander suit.
The dispatch says the Republican con-
spirators' carefully avoided attacking
the congressional apportionment in or
der to avoid the jurisdiction of the fed
eral courts, but, he says, "they lost sight
Of the fact that a United States Senator
was to be elected by the mex Legisla-
ture, and that this fact alone would give
to the election of the body, which would
in turn elect the member, the very fed
eral question that they were anxious
should not come into the litigation" In
view of this alleged important discov-
cry the following is given as the Demo-
cratic plan of action:
As soon as O decision il rendered by the
Supreme Court they will appear before
some federal Judge, show that the Legisla.
ture to be elected VIII choose q United
States Senator, and ask that q writ of error
issue and that the proceedings be stayed
till the Supreme Court OF the United States
can pass upon the question involved. The
Democrats do not believe that even the
United States Supreme Court would deny
q hearing on such O showing, snd q stay OF
proceedings will carry the case over the
election. In the meantime they believe
that they will elect q Governor OF their
own choosing and that. In the event the
Supreme Court of the United States should
sustain the Indiana court. the Governor
could call the Legislature together to frame
O new law. The effect OF a writ OF error
would be to take the matter from the local
court and. pending the final hearing, the
law of 1891 would be in force and the cleo
ton of members of the Legislature held
under Its provisions.
Republicans have no objection what
ever to the Democrats adopting this or
any other legal line of defense. 1t is in
strict accordance with Republican ideas
of submitting doubtful constitutional
questions to the decision of the courts.
The Journal does not admit nor believe
for q moment that the United States
Supreme Court would take Jurisdiction
of this case on the ground stated or on
any ground that appears in the record,
or that it would grant a writ of error on
any ground that could be shown, but if
it is mistaken in this view it is perfectly
willing to abide by the decision of that
court.
1t is an encouraging sign to find DEM
ocrats talking of appealing to the fed
eral courts in this matter. True, it is
a violent departure from their favorite
doctrine of State rights, but it is a great
improvement on revolution and other
violent methods such as they have been
threatening. If they can induce the
federal courts to take jurisdiction of the
case, Republicans will await with entire
composure a decision from the Supreme
Court of the United States. A decision
from the highest tribunal of the land on
rhe.right OF q Legislature to pass an APP
%portionment law in fragrant violation of
the Constitution of the State would be
very valuable, and, however they might
decide. would be a final settlement of
the question. Meanwhile, unless the
federal court shall take jurisdiction of
the case, the decision of the Supreme
Court of the State will be just as
binding.
No doubt the gerrymander will die
hard, but it will have tn go.