The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-30
THE FASTER ARGUMENT
SUPERIOR BENCH WILL DECIDE
FoRCE-wARRUM MIDDLE TO-DAY.
and the Argument Against Them
by Mr.. Mccullough.

Senheimer and William b. Rurford to pre-
vent the printing and distribution of the
election pastors bearing the name of Henry
warrum. by the full bench of the Superior
Court and a decision will be announced
this morning 1t has always been rule
with the Republican judges of this court
that when case was filed which had any
political significance the full bench should
be called upon to sit on the case. Accord
ingly when court convened yesterday morn
ing at 10 o'clock, Judge McMaster asked if
there would be any objection to him calling
in the other two judges. S. NJ. Shepard
appeared for the Populists. A. G.. Smith, j.
E. Mccullough and Charles E. Barrett for
the Democrats. and A. c. Harris and r. o.
Hawkins for the plaintiff.
Motions were filed to dismiss the tempo
rary injunction which in this case the
court held to be equal to a demurrer. 1t
was on these separate motions that the
case was argued.
Mr.. Shepard opened the argument He
ccntended that Davis, the plaintiff, could
have no standing in court. for he was not
injured in the matter in the least. He held
that the only man who had a right to
complain would be Force. the Populist can
didate, who withdrew. but that as his ac-
ton was voluntary he could not recall it
complain of the result. AS to the con-
tention that Warrum is not a Populist Mr..
Shepard said he doubted that considerably
and that even if he were not it made no
difference; that the law gave the chairman
of the committee the right to make nom
ination under such circumstances and he
had exercised that privilege to suit him
self and most of the members of his party
He said there is no law that will hold Mr.
Forces name on the ticket if he does not
want it there. 1t was also contended that
the plaintiff would have just as much right
to interfere if the Populist convention had
nominated a Democrat as he has now, and
following this line of thought he argued
that the chairman of the committee is the
representative of the party for the purpose
of filling vacancies, just as certainly as the
convention is the representative of the
party for the purpose of making nominal
tons. He characterized the suit as the
flimsiest he had ever known to be brought
in court of equity.
Alonzo Green Smith devoted his time to
a characteristic roaring argument against
the jurisdiction of the court. He argued
that in this case the court had no more
right to go into the methods of the NOM
ination of Warrum by the Populist chair
man than it had to go behind the records
of the Democratic Republican conven-
tons, which he held it surely had no right
to do. Aside from this his argument COW
cred the same ground as that of Mr.. Shep-
ard.
MR.. HARRISS PROPOSITIONS.
For the plaintiff Mr.. Harris laid down
three propositions which he said he
would rest his case One of them was ar
gued before noon and the other two after
dinner. The propositions were that Force
had filed no legal resignation that the
chairman had no right to appoint any man
to fill a vacancy on the ticket except
member of his own party; that the section
of the law providing for the printing and
distribution of1past tiers and for filling va
eancies by nomination by chairman is so
incomplete in its provisions as to be mop
erative and therefore void. Mr.. Harris
took up these propositions one by one and
made each clear in detail. On the first
point he contended that the resignation was
not in proper form to be effective. The law
provides simply that it shall be acknoWi-
edged before some person qualified to adj
minister an oath. This means "a simple
Acknowledgement of the fact that the person
signed the paper to which the acknowledge
edgment did not cover this point, but stated
that the writer appeared before the notary
and on oath stated that he had resigned
the Supreme Court. This, it was contended
by, Mr.. Harris, did not constitute legal
was attached to the resignation itself and
at a time when Force had not resigned
There were other technical points also
raised in regard to this proposition.
The second point was the contention that
the chairman has no right to nominate any
man to fill a vacancy except member OF
the party Of the man who resigned or died.
Mr.. Harris cited possible case. He said
that suppose the Republicans of this county
were very anxious to elect their candidate
for county treasurer and should be enabled
to eonnive with the Democratic candidate
cause the Democratic candidate to resign
on the day before election and have the
s cor I'm appoint the Republican can
could be prepared and the Democrats would
have no choice, but would be compelled to
for man whom they knew would be de-
feated on account of being of a party that
does not present the same features pre-
scented in the case N court, the manipula-
tions would be permissible under the stat
allow the appointment of a Democrat to
succeed him. This procedure also cuts off
man of their party for this office, which
they desire to do. He said there could be
no no analogy between the nomination of
the nomination of one by a Populist chair
man. In one case it was recognized that
pleases by usage. while in the other it is
merely statute that gives the chairman
the power and that statute carries with it
the superstition that the Chairman viii nom
mate q man of bis own party
The argument on, the third proposition
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contention that the law is such that it cam
not be carried out without grave danger of
abuse or wrongdoing, and is therefore void
The law makes no provision for giving no
tice to election officers of the RESIGNATION of
candidate. although it is the election Of
hoers that must make the change in the
ballots. This would leave the matter open
for unauthorized pastors to be substituted
in which case there w uld be no remedy
after the election. Mr.. Harris declared
that the statute is either impotent or must
be construed SO rs to greatly modify its
meaning. The law says the chairman shall
distribute the pastors, and makes no pro-
vision for him to appoint other persons TO
do the actual work nor does If proyida for
any means whereby the election inspectors
when they receive the pastors will know
tnat the pastors are properly AUTHORIZED
ana that 1T is legal for them to use them
MR.. M'CULLOUGHS POINT.
MT. Mccullough, in his argument first
drew attention to the fact that the plant
iff. Davis. was asking the court to re-
strain the chairman of the Popuist party.
and Mr.. Buford, the printer from printing
or distributing the pastors containing
Warrum's name. He said that was a
transaction that could be legally affected
whether Mr.. Force had yet rendered his
resignation or not. He said: Suppose II
1t known that a candidate is intending to |
resign or is sick and about to die prudence
may dictate the preparation of pasters to |
supply the expected vacancy and no court
could interfere and no voter would have
the right to ask it to interiors in ths |
printing and distribution of the pasfers
lv,,II> ,.r~l14 IL