The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-18
A SENATORIAL wRANGLE.
The Allen County Contest a Badly
Mixed-Up Affair.

The Senate committee on elections re-
sumed the hearing of the Ryan-Fleming
contest yesterday afternoon, both con-
testants being present with their attor-
neys and each presenting testimony more
or less relating to the merits Of the case
The hearing began with the formal in
PRODUCTION of Fleming's certificate of cleo
ton by Judge Hackney. Ex-senator New
by, Ryan's counsel, objected to the intro
duction of the certificate, but the commit
tee after conference allowed it to go in
evidence. Fleming's attorneys then pre-
sented record showing the changes in
appcrtionment and the changes in the sue
cession affecting the senatorial district
from which the contest is made since 1855,
the date of the first legislative session
after the adoption of the new Constftu-
ton.
Senator Kell, of Allen county, was then
put on the witness stand and testified that
he had been elected In 1898. In response TO
questions of Mr.. Newly he admitted that
his name had been upon the ticket again
in 1900, but that il had been merely pre-
cautionary measure which he had been
compelled to adopt because the Republicans
In his county had placed an opponents
name on the Republican ticket at the last
moment. Il took no part In the campaign,
said Senator Kell. land did not even con-
ator Kell said: II was elected senator
from Allen county in 1885, 1 therefore con-
slider myself to be a holdover and expect
TO retire to private life at the end Of this
session."
Fleming's attorneys, whose purpose it is
to refute the statement Of Ryan's at
torneys that Kell and not Ryan was
much pleased with the testimony OF Kell.
as they believed it would score a point in
| their favor with the committee. Mr.. F1em-
ing was next called TO the stand by Ryan's
attorneys. He testified that he had been
nominated by the Democrats of Adams
| and Allen counties and his election had
| followed the Republicans had nominated
| nc one against him.
| Mr.. Newly then introduced in evidence
| the Senate Journal Of 1899 which showed
| that Ryan had been sworn I'm as senator
| for four years. He also introduced the
secretary of states report for 1898 which
| showed, by stars referring to- foot note
| In the report that Bobilya had resigned
May %, 1897 Another foot note in the same
| report mentioned Kell as Bobilyas sue
cessor. The report of the secretary of state
| for the year 1900. which was also introduced
| I'm evidence by Ryan's attorneys, listed
| Ryan hold-over senator.
Bobilya was elected senator from the
| district composed of Allen and Whitley
counties in 1896. Ellison was elected sena-
| tor from Allen county In 1894. In 1897 the
| district composed OF Allen and Whitley
counties was abolished by new apportion-
ment and a new district formed of Adams
and Allen. In 1895 Ryan. one OF the con-
testants, and Kell were both elected to the
! Senate The question is. which of the two
was elected to succeed BobiIya and fill out
an unexpired term of two years. and which
was elected to succeed Ellison I'm a full
| term of four years. Ryan maintains that
Ellison resigned before Bobilya and the
district being changed shortly afterwards
| II left Bobilya the sole representative OF
| Allen county, and when the new district
was made of Adams and Allen counties
Ryan claims that Kell was elected as his
| successor, while he (Ryanl was elected SEN
| ator from the new district of Allen and
| Adams. The attorneys for Ryan said al
| the hearing yesterday that they would in
| troduce testimony to-day showing that
| Ellison had resigned before Bobilya
which would, In manner. substantiate
| Ryan's claim. Mr.. Newly read a number
| OF letters addressed by Ryan to Fleming
| during the last campaign. I'm which Ryan
notified Fleming that there was no vacancy
In his senatorial district and explaining his
position in the matter. Ryan was put on
| the stand by Judge Hackney and admitted
| that he had announced his can 1idacy I'm the
| district OF Allen and Adams during the last
| campaign, but said he had done SC in order
/ TO prevent any contest that might arise
| afterwards between two Democrats
The hearing was continued until this
| morning in order to allow the attorney for
| Ryan 10 procure evidence relative to the
1 time of the resignation of Ellison.