The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-02-03
His Opinion Is that the Eligibility OF
Hold-over Senators snould Not
He Questioned.
ACT OF 1885 MUST STAND
BELIEVES NEXT LEGISLATURE
SHOULD BE CHOSEN UNDER 1T.
Mr.. Taggart Says the Matter Will Re
Considered by the State
COMMITTEES.

will call a special session of the Legfs-
lature and made the statement in the most
positive manner last night. 'T have decided
that Will not call special session." said
he. "and this is a matter that alone can
decide. but the question regarding the eligi-
bility Of the hold-over Senators Is not within
my province. and give IL only as a matter
Of opinion that their eligibility should not
be questioned believe also that the next
Legislature should be elected under the law
of 1885, though cannot say, Of course. what
may be done. But in no event will I call
a special session"
This expression on the part OF the Gov
ernor was not entirely unexpected. although
the positive language. used soon after
the question arose. viii no doubt meet with
disfavor among many of the leaders OF
both parties. The general expression has
been that the matter should be thoroughly
and carefully considered before any positive
stand was taken. The action Is. however.
simply reiterstion OF what the Governor
said the day the opinion was handed down.
Although his position in the matter OF the
hold-over Senators is at variance with the
opinions expressed by many leading Demo-
Gratis. il comedies exactly with the views
held by Republicans. There has all along
been disposition on the part Of the Demo-
to sit with the Legislature of 1897. this
view being taken from the remarks made by
Judge Hackney, in his concurrent opinion,
and by Judge Coffey. in his opinion in the
Parker case. decided in 1892 Both OF these :
opinions touched lightly on the question Of
the hold-overs. but not in the way to decide
the question of their eligibility. The express
sion in both was that there was some doubt
as to the rights of the hold-over Senators.
On the other hand, the Republicans have
contended all along that when a Senator
Is seated in accordance with the rules Of the
Senate, and by that body itself, there is no
power. that can question the action. It
seems to be this view that Governor Mat
thews has taken of the question.
Mayor Thomas Tageart, ex-chairman OF
| the Democratic State committee. was asked
last night for an expression on the state
ment Of the Governor that he did not think
| the eligibility of the hold-over Senators
should be questioned. Mr.. Taggart said he
had not considered the matter, except as a
laynan and did not know what construction
the lawyers of hls party would place Upon
the intimation OF Judge Hackney that the
Senators had no rights in the Legislature OF
1897 He thought the matter was one for
the State committee TO determine and that
| 1t would be discussed at the next meeting
OF the committee He expressed the opinion
that II would be better for the party 20 rec
ognize these Senators than TO enter a con-
test based upon very slim chances or hav-
ing the courts declare that they simply
| Senators de facto, although he would not
| say that such a course would be recom-
mended 10 his party by him. This is a
matter he said, ION which opinion 10
bound TO differ but think the majority OF
my party is in favor of adopting a course
that will appeal TO the people as right and
not precpitate any trouble
| Too Much Power I'm Supreme Court.
To the Editor OF the Indianapolis Journal:
| The people OF Indiana are 10 be congratu-
! lated that by this decision the unjust and
sometimes outrageous apportionments which
| have on various occasions been made by
each of the two political parties Will BE-
hereafter rendered impossible. The clear
| reasoning of the court against the power OF
the Legislature 10 give TO counties of less
| population a greater representation than
counties of larger population. and reQuir-
ing that the rules both of proportionate and
local representation prescribed by the Con-
stitution shall be carried out by the General
Assembly, will receive the general concur
renee of all honest citizens without regard
TO party.
But there are some expressions contained
in the opinion which imply a power upon
the part OF the court over the Legislature
| which, IL seems to me. may ultimately be-
come more dangerous than the gerrymander
itself. The opinion indicates that the
Supreme Court has the power TO
review not merely violation OF
the express terms OF the Constitu-
ton, but even an abuse OF discretion by the
Legislature. The court says. In regard to
the transfer OF counties from districts
next election TO districts which would not
elect until two years thereafter, that this
eff such an abuse of discretion were gross
or wanton or INDUCED in merely 10 disfran-
caise the voters OF certain counties, the ap-
portionment thus made might he declared
invalid" This seems 10 be a fair and just
conclusion. and yet IL is common maxim
that hard cases make bad law. II the power
of reviewing the mere discretion OF the
Legislature, even in an aggravated case. is
vested In the supreme Court. that court
| will itself become the final depository OF q
vast and indefinite political power. the pow
| er OF controlling all legislative appoftion-
| ments The court might In any case say Ito
Quote the language OF this opinion). I'VE ca n
| find no words too strong 10 express orr con-
demnatlop Of such an abuse OF legislative
dscretioR and for this reason alone we viii
not hesitate TO declare such law invalid"
| Is IL not evident that n the court acts upon
such principles II will become more and more
|
| ger that unscrupulous judges I'm future times
may take the place OF the INSCRIPTIONS
legislators I'm our past history and undertake
| TO control our electoral machinery by WELD
ing this vast power OF apportionment, which
in many cases amounts 10 the ultimate po-
| litical sovereignty OF the State Itself? Should
this be so. the remedy would be worse thaa
| the disease
Ii Is evident from reading the opinion that
/, | hereafter the duty of apportioning con-
stituencies as 10 conform 10 the Constf-
tuition will be complex and difficult. Even
with the best intentions. mistakes on tia
part OF the Legislature are likely 10 occus.
IL will certainly be public calamity II we
| shall frequently have our entire legislative
machinery thrown into chaos by decisions
declaring the apportionment laws unconsti-
tutional. There Is very simple way out or
this difficulty Let an amendment 10 the
Constitution be proposed authorizing the
. Swiss system OF proportional representa-
tion-a plan which has already been In sue
cessful operation i'm several OF the fantonH
of that republic during the past lye years.
BY that system members OF the legislature
) are chosen upon a general ticket leach par
, " electing a number OF candidates exactly
, proportioned 10 the number OF votes cast In
: it's favor BY this means justice Will Be
| constantly maintained. the gerrymander Will
) become impossible. and the Intervention ol