The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-02-02
THE TITLE OF FOLLOWERS.
Compared with That Of Turpie I'm the
United Stntes senate,

Hon. c. w. Fairbanks in talking to the
Journal last night, made several strong
points showing the clear title of hold-over
Senators to seats in the next General AS
sembly. Said he:
Democrats who lead in the attack on the
title of the hold-over Senators should bear
in mind the fact that the law under which
they were elected whether IL was the law
OF 1885. or 1880 was Democratic law. The
people relied upon the validity of the Demo-
cratic acts; and good faith and common
political decency require that the Demo-
cratic party should uphold the integrity of
the title of officers elected under its laws.
The most common respect for the amenities
that maintain in society require that per-
son shall stand by the integrity OF his acts
upon which others have been induced to
rely. Democrats should not be the first to
undertake to strike down the twenty-five
hold-over Senator'S. Against their destruc-
ton they should shut the door, not bear
The hold-overs have as good a title as
any hold-overs ever had. They were admit
ted to the Senate chamber as Senators;
their titles were approved and they took
their oath of Office and thereby became
members of the Senate and entitled to act
as such for the full constitutional term,
which is four years. By the. Constitution,
qualifications and returns or its own MEM
bers,' and the Senate having judged of the
the subject of dispute, has become absolute
and unassailable. When the Senate acts
upon subjects of which II may take ex-
elusive cognizance, it's acts have precisely
the same effect whether the Senate is de
jure. or a de facto body. No one can ques-
ton any of the laws passed by the last
Legislature because it may have been a de
facto body. Every law, unless open TO some
specific objection, Is recognized as valid and
binding. Passing upon the qualifications of
members is no less a senatorial act than
passing general laws, and the binding effect
is precisely the same in the one case as in
the other.
only valid apportionment law in force when
the hold-overs were elected, il follows that
those elected from districts corresponding TO
the districts fixed by the act of 1885 hold
title also under that law; and 1t also follows
that the title of such hold-overs will be
quite as good as the title OF any Senator'S
who may be hereafter elected under 1t. The
attempted passage Of subsequent laws which
the court has declared invalid did not oper-
ate to suspend for moment the full force
and operation OF the law OF 1880 If 1t was
a valid law.
All but one of the hold-over Senators are
from districts created by the law of 1885
and as that law stands unchallenged, and
is of Democratic parentage, the Democratic
party cannot with much regard for pro-
priety question the rights of such hold-overs
even IL they did not hold by another title
which is perfectly sound.
1T should be borne in mind that Senator
Turpie holds his seat in the United States
Senate by virtue OF a Democratic appor-
tionment which has been declared unconsti-
tutional and void. Is his title In jeopardy?
The Senate of the United States has passed
upon Ii and IL is safe 10 say that he Will
serve out his constitutional term. His title
is not one whit better than the titles of
the hold-over State Senators, elected under a
law of precisely the same character as that
by virtue of which the Senator acquired his
seat. Before excluding the hold-over Sem
ators from their seats in the State Senate
Mr.. Turpie should return his commission to
the State of Indiana The people are not
in the humor to indulge airy one in an effort
TO defeat their will honestly expressed at
the ballot-box. The fragrant instance of
bad faith shown in barring Colonel Robert
son from the Senate chamber, after he had
been duly elected, Is fresh in the minds of
the people IL Is safe to say that self
respecting Democrats land fortunately there
are many or them, have in common with
many other people of the State never re-
upon them by that exhibition OF mere brute
force Honesty and fair dealing cry out
against the repetition OF such occur
renee. There is neither a subtle, an
honorable way by which the Republicans
can be defeated in their control OF the next
law OF 1855. or under any valid existing law,
under any fair law that may be
enacted. No observer of political events
can have reasonable doubt OF this.
THE Supreme Court has pointed out a
way which II followed may result in avert
ing resort TO the methods employed TO
defeat Robertson. The way is for the Gov
ernor to convene the Legislature In special
may be made in the light of the rules laid
down by the court VIII he do II? The
time-servsng politician says no.: the right
thinking citizen. who looks simply TO the
good Of the State. says yes Questions
orderly administration of law are para
mount to merely partisan considerations"
80.