The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-15
After Long Consultation Judge
sOciates and Made the Vote 3 to =.
THE REPUBLICAN NOMINEES
GOV. MOUNT SAYS THEY WILL GO ON
THE BALLOT TODAY.
Petition for the Incumbents VIII Be
Filed Then - opinions
i'm Full.

After Wearying consultation lasting
throughout yesterday afternoon the Su-
preme Court, by the majority opinion of the
three Democratic judges, reversed the de-
cision Of the State Board of Election Com
missioners ard virtually inundated that
body to place the names of the Democratic
nominees for appellate judges on the Off
cial state ballot. All day long it was known
around the Statehouse that two opinions
had been drawn up in the case and were
ready for consideration by the court-one
uphoding the position of the Democratic
nominees. by Judge McCabe. and the other
affirming the decision of the election COM
missioners, by Judge Jordan. From con-
versations heard in the court it was felt to
be certain that Judges McCabe and Howard
were as unit, while it was equally certain
that Judges Jordan and Monks were of the
same mind. The effective opinion rested
with Judge Hackney.
Within the council chamber all was digni-
fled and orderly as each faction presented
the opinions representing the sentiment of
the party. Each side presented the law in
support of it's position, but il was seen at
once that all the efforts in this direction fell
on deaf ears SO far as the four members
of the opposing factions were concerned
Both sides realized that the victory would
be on the side which secured the con-
currence of Judge Hackney. After a close
consultation OF over three hours behind
locked doors Judge Hackney finally an
nounced that he coneurred in the opinion
of his two Democratic associates. In doing
SO he said the law plainly on the side
of the nominees and that the argument adj
vanced in. the opinion upholding their posi-
ton was logical and convincing in its rela-
ton to law and equity. Privately he as
serted to a friend that, although the ques-
ton was one of the most partisan ever tried
III the court, that feature had not appealed
to him, and that as he was satisfied that
the Democratic nominees had the benefit of
the law on their side he had felt impelled to
vote for them in consequence.
BY virtue of the decision all parties will be
obliged to nominate candidates for appellate
judges. The Democratic nominations have
been made for some time and will be placed
on the ticket at once. The Republicans, not
withstanding the decision Of Chairman
Hernly not to make any Republican nomi-
nations, will have their candidates to vote
for, as the present judges will to-day petit
ton the State Board of Election Commits
sioners to place their names on the ballots.
Governor Mount when interviewed last
night on this feature of the matter said:
There is no doubt but what the petition
of the present judges to be placed on the
ballots will be filed with me tomorrow.
That part of the affair is already arranged.
In this event the board will have nothing
to do but place the names on the ballots,
and it will do so along with the nominations
of other parties There is no party policy
at stake in this, and if there were the de-
cision would be the same. No party, in
my opinion, gains anything by evading the
spirit of the law. 1t don't pay in the long
run. Therefore tomorrow when the petit
ton is presented to us we will place the
Republican as well as the Democratic NOM
inees on the ballots.''
Following closely ON the decision of the
Supreme Court, the Republican state cen
trail committee last night reconsidered its
determination not to place the names of the
Republican nominees on the official ballots
and announced that the names of the pres
ent judges would be placed on the ballots
by the committee in regular form. While
not officially given out. it is believed the
committee in view of the expressed deter
mination of the present officials to have
their names placed on the ballots by petit
ton if necessary, decided that the best pol
icy would be to avoid any appearance of
discord in the party and include the judges
in the regular ticket.
The plan formed by the present judges.
according to the statement of one of taem,
was to have secured the Endorsement of the
state central comm tee and at once depart
for their own districts in order to secure
enough sgners to q petition to be presented
to the State Board of Election Commits
sioners. BY the act of the state central
committee, the necessity for all this trouble
is obviated, and while the action of the
committee has not as yet been made known
to Them it will be before any further steps
are taken by them