The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-02-13
Proceedings in Nature of an Injunc-
ion-CaII ON the Governor
Next Week.
AN EIGHT-HOUR SESSION
COMMITTEE CONSIDERABLY d.
VIDED AS TO PROCEDURE.
Resolutions Adopted Late mt Night
Full Text of Pledge Legislators
Will Sign.

The Republican State central committee
decided at midnight to make last effort
to get Governor Matthews to call special
session of the Legislature for the purpose
of passing a new apportionment law. and
in the event that this effort fall suit will
be instituted Immediately to set aside the
law of 1885 and test all preceding apportion-
ment laws. This conclusion was reached
after considering the matter for eight hours
in executive session. Every phase Of the
question was discussed by the members of
the committee
The final action was taken on the motion
of j. w. Feser. 1t was decided that the
different committeeman should visit each
Republican member of the General As
sembly within his district and secure his
signature to the following agreement, which
is then to be submitted to Governor
Matthews:
ITO His Excellency. the Governor of In
diana-The undersigned, members OF the
General Assembly of the State Of Indiana,
Senate and House of Representatives, here
by agree and pledge ourselves that in the
event that your EXcelency, upon further
reflection, and in the discharge of your pa
triotic duties to the people of the State,
shall call a special session of the Fifty
ninth General Assembly that we and each
of will vote throughout such special
session that fair, just. equitable and con-
stitutional apportionment law upon the lines
laid down in the recent decision of the Su-
preme Court shall be enacted into law as
speedily as possible. and that an immediate
adjournment of said special session of said
General Assembly shall then be held with
out transacting, or attempting to transact,
any other or further business of any kind or
character whatsoever"
A committee consisting or Messrs. Gowdy,
Fesler and McCulloch appointed toApre-
| sent these agreements to Governor Matthews
"A l,v tha
mitteemen 1t will be shown to the Gov
| ernor that the Republican party is willing
! to pledge itself. by the individual agree
/ ment of the members of the Legislatures
that it will enact a constitutional appor-
| tionment law and will transact no other
| business at its melting, and then throw the
| burden of a failure on his part to call
| session upon him.
| The committee also instructed the SUBJ
| committee to Immediately bring suit in
accordance with the outlined programme
if the Governor refuses to call the Legls-
/ lature together. The complaint in this
| suit will ask for an injunction against ey-
cry election officer in the State-county
| clerks, auditors and sheriffs-restrainin
them from proceeding under the law of 1886.
so that, if there should be any delay in
the Supreme Court, the decision of the
| lower court will prevent an election under
| the law of 1885.
The attorneys who advised the committee
| were of the opinion that thirty DAYS will
| suffice to get decision in the case. 1t was
| cited by them that the Supreme Court has
| advanced all such cases and decided them
as soon they were properly briefed and at
| issue. The case of the 1891 law was not
| properly before the court until after the
summer vacation, and that was too late for
the election to be held under any other law
| than the one under which nominations had
already been made, and for that reason the
| court refused to hand down it's decision un-
| til after the election.
When the committee met Yesterday the
sentiment stood seven to five against at
| tempting to have the law of 1885 declared
Unconstitutional but of these seven only
| one, Mr.. Filbeck. was against it when the
proposition that was finally adopted was
made. 1t was argued that this would place
the Republican party in no false light, but
would place it in the position of doing all Ia
its power TO secure what it has been con-
| tending for during the last Twenty-Five
years-a fair and just apportionment law. II
was principally on the argument that the
| agreement that would accept an unconstftu-
uonai law, when it has always fought for
Just laws, that the six members who were
| against entering suit were finally brought
| over to the other way of thinking.
III Is expected that these agreements will
be in the hands of Chairman Gowdy not
| later than Monday, and that either Monday
| or Iuesday they will be presented to Gov
ernor Matthews, and the request be made
mat he call a special session of the I.egis-
lature. II this is refused suit will be en-
tered before the end of next week probably
me day Following the Governors refusal
1T has not yet been decided where the suit
| Will be brought, but probably in this county
| from 10 o'clock till o'clock the commits
teemen listened TO the arguments of differ
eIlt attorneys on the legal phase of the
| question. The attorneys did not ATTEMPT To
present any opinions az TO what should he
done, but simply discussed the legal ques-
tions and what might be expected under
different conditions. They gave their opin-
ions as to the probability of the Repub-
of 1885. and also discussed the Chances far
getting an early hearing in the Supreme
Court.
Addison c. Harris went carefully over all
the questions involved, and discussed the
different issues from both views. While he
committee should do, he left the irnpression
that he does not favor bringing suit to test
the law of 1881
Ferd Winter raised the point that in casa
the Republicans agreed 10 elect under the
law of 1885. the Democrats might arrange
TO have their voters vote for Senator's In
the holdover districts without nominations
and that then in case they should win a
suit to Gust the holdovers might be iasti-
tutei
r. w Mcbride. ex-Judge of the Supreme
Court and member of that court wnen tSs
1881 case decided, said ne thought i,
would be impossible for the Democrats fo
| successfully contest the rights OF the hold.
| over Senators. W. l. Taylor of this rifv
| then made few remarks, covering SONS
of the legal points that had not been fuIIy
. discussed
Senator Haggard who IL one of tae mem.
bers frcm hodoyer district, said he haa
come here fully convinced that suit shoul.
be begun at c1ce 10 set aside the law OF
1855. but, after listening 10 the attorneys
had decided taat IL would possibly he bet,
ter 10 accept the situation as IL 10
The Republican Editors.
The Indiana Republican Editorial Asso-