The Indianapolis journal., 1897-01-23
FUSION KNOCKED OUT
ELECTIONS COMMITTEE DECIDES TO
UNSEAT HART. OF GIBSON COUNTY.
Three Legal Propositions Upon Which
The Decision Is Based Fully Sus-
tanned by the Evidence.

The elections committee of the House
shortly after midnight this morning reached
an important decision in the case of James
Nj. Cockrum, contesting the seat of David
ID. Hart. member from Gibson county.
BY vote of four to two. the COM
mittee decided to seat Cockrum, upon
the ground of illegality in Hart's nomina-
ton. In short, ii decided that fusion ar
ranged by committees upon candidates not
nominated by conventions of both the fus-
ing parties could not secure more than one
place upon the official ballot. Should this
decision be sustained by the courts il would
mean the overthrow of numerous county
officers elected last November fusion
tickets.
Mr.. Cockrum's case was conducted by
Messrs. Thomas r. Paxton and l.. c. En-
bree of Princeton, and they presented three
legal propositions: % that under the law
IL stands the name of the same
candidate for the same office cannot legally
go OH the ballot more than once; (O that
the nomination of Hart as the Democratic
nominee was not legally certified to, and
CD that after a convention has made it's
nomination and adjourned, it has exhausted
the power to nominate for the party it
represents except in the case of death or
resignation of candidates
The evidence showed that both the Pop
ulst and the Democratic parties had held
regularly called conventions. which had
each nominated. a full and distinct ticket
and adjourned without delegating its pow
er to anybody. Several months later, on
Sept II. subcommittees of the Populst and
Democratic county committees had got to-
gether. and after much contention had
agreed that each side should withdraw
four candidates. filling their places with
the candidates of the other party for the
offices thus left open On Sept. % A G..
Holcomb. chairman of the Democratic
county committee, sent out to each of
eight members of this committee, and to
nobody else, the following notice:
There will be a meeting of the township
charmen and precinct committeeman at
Princeton Sept. 70 at u. m. Bring a few
confidential Democrats with you. We need
your presence. as business of Importance
will be transacted"
No other notice of the meeting was sent
out, nor was any mention made of Ii by
publication. Yet this meeting resolved it
self into mass convention and nominated
Hart as the Democratic candidate for rep
resentative, and it's officers certified to his
nomination. 1t was shown that John T..
| Joyce, who was the nominee OF the regular
Democratic convention, had not presented
any resignation.
Upon the first point Mr.. Cockrum's at
| originally silent on the question of the same
name appearing twice upon the ballot, the
| Legislature never contemplating the possi-
! bility of fusion by antagonistic parties.
/ In 1890 the question arose OF having a pc
| tition for candidate already the nominee
| of q convention and the next Legislature.
! in 1891, amended the law so that in cases
of this kind the candidate could go only
under the device of the party nominating
| him in convention. From this they argued
| that the intent of the Legislature was that
| a name should so but once upon the ballot.
| Upon the second point they maintained
! that the only legal methods of certifying
to a nomination are by the officers of a
nominating convention, by the primary
| election method. by petition and by NOM
| ination of the chairman of the party COM
| mittee in case of death or written resigna-
| ton of q candidate. The evidence showed
! that none of these methods had been fol-
| lowed Upon the third point they main
| tanned that even had this pretended conven-
| ton of Sep. 26 been a Democratic conven-
| ton the power of that party to nominate
| i'm convention had already been exhausted
| when it's regular convention several months
| earlier had nominated and adjourned.
| These points were ably combatted by Rep
| resentatves East and Eichhorn, attorneys
! for Hart. The decision was reached by a
party vote