The Indianapolis journal., 1896-01-31
Prominent Lawyers Give Their Opin-
ION as to the Best Practicable Way
Out of the Middle.
NO TEST OF THE 1885 ACT
CHAIRMAN GOwDY SAYS REPUBLIC
ANS WILL NOT BRING SUIT.
Next Legislature VIII he Republican.
NEUTRALITY-SUSPICIOUS. Talk.

in its decision of the apportionment case,
puzzle that is thought may be the cause OF
much future litigation. and it is not without
the possibilities that even worse than liti-
cation may arise as a result This is the
case that was brought to test the constitu-
tionality of the apportionment law for
Legislative purposes, passed by the Legisla
ture of 1895. The court went much further
than was expected by the counsel on either
side. and declared that not only the law of
1895 is unconstitutional, but that the law of
1898 stands on the same footing and for the
same reasons. This throws the State back
on the law Of 1885, which, however. is sub
ject to the same attack that overthrew the
others although it has not been brought be-
fore the court.
The decision of the court opens grave pos
sibilities. In conversation on the subject
yesterday man whose name cannot be
given, for the best of reasons, personal to
himself, but which if given would carry
with it not only the conviction that he is
fully advised of the law. but also the con-
viction that he would not make suci. ex
pressions except he was thoroughly con-
vinced of the truth of them. said:
There never has been a graver situation
facing the people of this State than the
present one. The decision of the court
practically says the hold-over Senator's. be-
ing merely de facto officers, cannot hold
their office longer than the next general
election. The courts position on this ques-
tion would not be disputed by any lawyer.
This, however, opens another possibility
the question of their being merely de facto
officers is only hinted at, and not decided in
the opinion. Suppose the Republicans of
. III,
and claim that their Senators hold over
and the Democrats conclude that a full
Senate must be elected. Then, when it
came time to make up the tickets for the
State election, there would probably be in
junction and mandamus proceedings almost
without end. The election board is Repub-
lican, and the Democrats would undoubted-
ly seek to compel the board 10 proceed un-
der the suppositon that full Senate must
be elected. But even supposing the Su-
preme Court decides this question, there is
another danger even then. When the Legis-
lature meets next January it will be the
sole Judge of the qualifications of its men,
bers. The chances seem to be that, with
the nineteen hold-over Senators and what
could be elected by the Republicans, they
would have a good majority, but would
have a Democratic President to organize
the body. Time was when there was a riot
in the Senate over its organization, and it
is not beyond the pale of possible events
that the Republican hold-overs. with the
newly-elected members, would attempt to
organize the Senate on the assumption that
the body. being it's own judge of the quail
fications of It's members, they had perfect
right to do SO. In fact. these possibilities
might be enumerated on many different
lines of action that might be adopted by
either party"
of the cOolest-headed men In the State,
and an authority on constitutional law
Governor Matthews said last night that
he had not yet had an opportunity to read
the courts opinion, and: therefore, was not
in a position to talk. He was confined to
his bed all of yesterday, and did not see the
opinion until after o'clock He had heard
most of it's important points. When asked
If he had thought of calling an extra ses-
sion of the Legislature, he said that was a
matter that he had not considered, and
would not do so until he had thoroughly d-
gested the opinion. However. he was of
the opinion that it would take most press
ing necessity to cause him to assemble the
Legislature. He said that, while he is not
a lawyer, he had always maintained grave
doubts of the power of the courts TO deter
mine what is a proper epportionment. This
statement was made with some reserva-
tion. He said he understood that the
opinion devoted considerable space to a dis
cussion OF the question of the courts juris-
diction, and that after reading ii he might
be able to see the matter in the light in
which the court viewed ii.
Until he had read the opinion and talked
with leaders of the State he said he did not
care to be quoted as saying he would or
would not call session of the Legislature,
as that is a question: that cannot be deter
mined without much thought and delibera-
ton.