The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-11-15
FOR POPULAR RIGHTS
Nature Of the Suit to Test the
Validity OF the Gerrymander.
Injunction Against Officers in All Coun.
ties-Republican State Commit
tee TO Meet Soon.

After infinite care and a vast deal OF
hard work the attorneys having I'm prepar-
alton the complaint in the gerryrnander
suit ave complsted their task, and 1t now
remains only that il shall be copied in its
latest revision. This will require until to-
morrow. as IL will take until then for the
three stenographers to copy the complaint.
The plaintiff In the suit will be Albert W..
Wishard. one OF the attorneys in the case
and a representative citizen. The suit is
to be conducted. however, on the broad
ground Of equity and equality OF every
citizen before the aw. Ii is drawn i'm the
spirit Of a protest against n wrong. palpa-
BILE and unconstitutional, against every
citizen who happens to differ from the
beneficiary party in the gerrymander.
While the action has the support OF the
Republicans of the State. who are in a
sense the plaintiffs. their motive is one OF
just and equal representation TO all cit
liens, SO far as it is applicable. within
the constitutional limits of county lines.
The suit is to be filed in the Circuit Court
OF Marion county, but it makes every coun-
ty officer in the State having anything 10
do with the issuance OF election notices
a defendant. The form Of action will be an
injunction to enjoin these officers from
issuing election notices under the appor-
tionment adopted by the Legislature OF
1898. Service will be taken upon each OF
these defendants.
The selection Of Judge Brown as the
trial judge is a compliment to him as a
fair and just judge, who will not be infiu-
enced by the prejudices Of party, but will
decide the case upon the law and the facts.
Although a Democrat and able TO cause
much embarrassment by delays. the plant
life have ca r,r.oh oanfdanoo in HE fos-.o..
and judicial bearing that no hesitancy was
felt in filing the suit in his court. The
case is bound to go TO the Supreme Court
and the desire OF The plaintiffs is that it
may be taken to the court of last resort as
soon as possible.
The complaint is a long one and sets out
the facts of the former action which re-
suited in an opinion by the Supreme Court
that the apportionment then under consid-
Grafton was unconstitutional. Under the
paragraph dealing with the last apportion-
ment, which is the act complained of, IL Ia
figured out that the unit OF senatorial rep
resentation is II. 600. The unit of Repre-
sentative apDortionment is $50. Then the
schedule of the apportionment is set out in
full showing the amount OF devia-
ton in Representation in each district. The
complaint also shows that the apportion-
ment is not in accord with the individual
opinion of Judge Elliott, then one OF the
Supreme judges, which was to the effect
that a county having the full unit of rep
resentation and having been assigned one
Representative or Senator could not then
be conioined to another county for joint
representation. The reasoning and conclu-
SionS OF the Supreme Court decision have
evidently been very carefully considered in
the preparation of the complaint and its
line OF argument followed. The attorneys
in the case are Messrs. Ferd Winter, Judge
NJ. +. Forkner and Mr.. Wishard.
Since the decision of the Supreme Court,
about a year ago, the political complexion
of the court has changed. IL was then COM
posed of five Republican judges, and it now
has four Democratic Judges and one Repub-
lican, Judge Coffey, who was on the bench
at the time of the decision. The new judges
are Leonard j. Hackney. James McCabe,
Timothy Howard and Judge Daley. Judges
Hackney, Howard and McCabe were on the
bench VIXEN the court refused TO grant n
rehearing after the former decision. The
time and the character of the men compos-
ing the court is believed TO be favorable TO
a decision of the case upon the law and the
facts without the prejudicial influences OF
| partisan bias. 1t is known that most OF this
Democratic judges are ambitious TO become
known as juristS and not partisans, and to
rest their fame upon regulations for fair
interpretations and wide knowledge of the
law.
In speaking of the suit last night Secre-
tary Frank Millikan said: "As Republic
ans, we feel that the law is unconstitutional
and that ii ought to be settled for all time.
We are pressing the suit because the appor-
tionmen iS unfair and not in accord with
true American institutions. The overthrow
of the apportionment complained of and the
Punishment of the principle forever from
our politics will do a great deal for good
government and clean politics. A party
that feels itself intrenched In power by such
means is bound to become estranged from
the highest interests Of the people and in
a measure will become corrupt. I hope to
see the day before long that such a thing
as q gerrymander will be impossible, and
there is no way to accomplish so much for
good government as by n decision which
will accomplish this end"