The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-02-25

order directing any of the election officers
under what particular law TO proceed or for
bidding them to proceed under any particular
Law. The Judgment OF the Sullivan Circuit
Court having been reversed and that judy
menu having been specifically limited 10 the
throughout the State. the Lection officers
would, In the present con OF affairs.
seem seen 10 be at liberty to pl ! from the
1oo lot OF unconstitution. VS. offered
Jectionable or the most beneficial 10 his par
Gcuiar county, in which event officers in
and Wayne would probably give their no.
tlces under the act of 1851, while those in
Grant, Marion. Madison Alien. Vigo and
Nanderburg might proceed under the act OF
1885. and still others might select an appor-
tionment OF some other year, and this would
result result IN an election so ragged and dis
possibility be harmonized in the creation OF
legal General Assembly. There is no rea-
son in law for not proceeding-in the alb
sence of injunction or mandate from
court or competent jurisdiction-under either
the act of 1879. 1891. 1893 or 1895. which have
that does not with equal force and vigor
FORBID the holding of election under the
act of 1885, now universally known to be ex-
actly as unconstitutional as either or any OF
the former.
IF an agreement could be entered into by
all the voters of all the parties of the whole
State, which could be binding, and which
would be respected by all of them. it would
still only result in an election under a void
while the election in 1894 was held under
what is now judicially ascertained TO have
been unconstitutional law and therefore no
law at the time il was held il had been for
mally adjudged by the decisions of an in
ferior but constitutional court to be valid
law and the situation with respect TO that
is radically different from the situation with
respect to an election under the act of 1885.
now universally and by common knowledge
discredited as being obnoxious to the Con-
stitution. While the Wishard decision en-
anated from inferior court. and had not
the support of the authority of the Supreme
Court. and Is in terms repudiated by the last
expression of that court, still there a
measure of color Of law in holding cleo
ton under a law adjudged, SO far as the
entire election machinery of the State Is con-
the situation of attempting next fall TO hold
an election under the act of 1885. after every
the judicial pen to n cause 0f Il to dsappear
would produce much graver. and more
dangerous situation than that which obtains
now with reference to the Legislature elected
in 1894.
PLEA FOR A FAIR LAW.
1T is obvious that the security of the
people will be increased by the enactment
of a constitutional law under which the
great lawmaking body of the State is to be
chosen. Unwarranted though it be, yet
much confusion already exists in the minds
OF some Of the people as to the effects Of
laws enacted by legislatures chosen under in
valid appointments. The Legislature
must, of course. provide for the levy of
taxes. the support of the great public in
situations, the maintenance Of the public
credit the security of titles, etc., and 1t
is in the highest degree important that no
question should exist at any time as 10
its absolute legality.
There should. we submit. be a valid law
that only be provided by the law
making powers-the General Assembly. 1t
is to-day the only power that can relieve
the people of the State from the extraor1i-
nary dilemma In which they find themselves
as the result of efforts by paTtisans to gain
partisan advantage, In disregard OF the
mandates OF the Constitution. This being
the grave situation the committee of one
Of the great parties In the State was called
together to consult concerning it. and after
long, careful and conscientious elaboration,
decided that the members Of the General
Assembly should be asked to subscribe a
pledge that in the event you should see
fit to convene the General Assembly in spe-
cial session, no general legislation should
be entered upon except to pass a conStitu-
tional apportionment law and we were ap-
pointed a subcommittee TO present this
matter to yo1. The pledges have been given
In writing by majority of the members
of each house and are in our possession:
With them as authority, we can and
do now positively assure you that IL the
Legislature is convened in special session
nothing will be done or attempted In the
line of legislation. except to provide for
the expenses of the session, which will be
light inasmuch as it will necessarily be
very short, and to pass an apportionment
bill which shall conform to every require
ment of the Constitution, as indicated by the
courts, and that every effort shall be
application to the election to be held this
fall.
"We have faith in the good sense and
patriotism of the law-abidng people Of the
for confusion and trouble that might follow
any effort to proceed either in defiance OF
or beyond the law. We have conceived ii
to be our duty under the existing emergency
20 meet the executive in a spirit Of candor,
snd with a purpose to cooperate in any
reasonable and honorable way to avoid all
future. 1t is with this object in view that
we present this assurance and we do so,
urging with all the earnestness OF which
we are capable. that you avail yourself OF
YOUR constitutional right to convene the
General Assembly in order that the situa-
the next General Assembly placed upon
constitutional. law-abiding basis, from
which we express the hope that no General
Assembly in the future will ever attempt
to depart
I'm view Of the exigencies of the situa-
ton. may we not hope that this memorial
a M, we We' receive an early replv indicatine
your conclusions"
The reading completed, Governor Mat
thews asked if there was anything further
that the committee desired to present, and
was informed that there was not He then
said he had been advised that such a COM
munication would be presented to him.
There was not in 1t, he said, with a sus-
picion of twinkle in his eye, some things
that he had been led to believe there would
be. but he glad at all times to receive
and committees presenting
subjects of public interest, even though those
presenting them wei e opposed to him polit-
ically. He did not know, he said, how the
subject was TO be presented. Recently the
Democratic State committee had come 10
w and he had responded verbally. The
Republicans had seen fit to present their
case in a formal way and he would send
formal answer as soon as he had time 10
give the matter proper consi1eration After
the committee had departed, the Governor
said he would not send his answer to-day
and the liabilities are that it will be two
or three days before his answer is ready.
IS heretofore stated, the Governor will re-
fuse to call the special session asked. plant--
irg himself on the position suggested by the
Supreme Court that an election under the
law of 1885. even though that law Ia gener-
ally conceded to he invalid, would be valid
so long as the effectiveness OF the law has
not bean declared by the court.
Attitude Of Senator HoughtOn.
To the Editor of the Indianapolis Journal:
ment that all the Republican Senator's
except seven. who are named. have signed |
the so-cailed legislative agreement. Ny |
name is not in the list, and the inference |
would be that / had so signed. |
This is mistake. / believe that |
IL pledges are made they should be to |