The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-19
in FAVOR OF FLEMING
SENATE ELECTIONS COMMITTEE
REACHES A DECISION.
Arguments Made Before the Commit
tee by Judge Hackney and
Ex-senator Newly.

The Ryan-Fleming contest has been set
tied, the Senate committee on elections
having agreed at a meeting held at 4
o'clock yesterday afternoon to make a
report favorable to the seating of Mr.
Fleming.
The committee held meeting yesterday.
directly after the Senate adjourned, and
heard the arguments of the attorneys
representing both contestants on the testi-
mcny submitted the day before.
The argument in the case was opened by
Judge Hackney, chief counsel for Mr..
Fleming Predicating his remarks on the
evidence submitted, he contended that IN
the event that Ellison. who was the Sena-
tor from Allen county. elected in 1894. had
hot resigned after the session of 1897, his
term would not have expired until the day
after the election OF 1898, and that Sena-
tor Kell who was elected to the Senate
from Allen county in 1898, was necessarily
elected for full term of four years and
was perforce a holdover Senator at the
present time. He further contended that
IL Senator Bobilya, who was elected to the
Senate in 1896 from the district composed of
Allen and Whitley, had not resigned after
the session of 1897, his term would not
have expired until the day after the cleo
ton of 1900. And in the event that Sena-
tors Ellison and Bobilya had each served
his full term of four years, there would
have been no chance for the election of
Ryan from the new district of Allen and
Adams counties without making fifty-one
Senator's. which is contrary to the State
Constitution.
Judge Hackney argued that these facts
showed conclusively that when Mr.. Ryan
was elected in 1898, IL only TO fill the
unexpired term of Senator Bobilya. He
placed especial emphasis upon the consti-
tutional provision that Senators are elect
ed for the term of four years, and that
the word term applies not TO persons
or 10 sessions. but to the Office itself, and
said IL proved conclusively that successor
ship by terms" Is required by the Con-
stitution.
Mr.. Newly, attorney for Senator Ryan,
based his claim principally upon the resig.
nation OF Senator Ellison after the session
OF 1897, and of Senator Bobilya's resignation
after the resignation OF Ellison. He main
tanned that as the Legislature of 1897 had
changed the Allen joint district from AL
len and Whitley counties TO Allen and
Adams Senator Bobilya could not under the
law be considered 10 represent the new
district of Adams and Allen, for the rea-
son that the people of Adams county never
had a voice In his election. He said IL
therefore followed that after Ellison re-
signed from the Allen district. and the
law of 1897 had changed Bobliya's district
that Bobliya only represented his home
county of Allen. and was therefore the sue
cessor of Senator Ellison. in representing
only Allen county. He argued further that
when Bobliya resigned In 1897 Senator Kell
was elected In 1895 from the district OF
Allen county alone to I'LL Bobilyas unex-
pired term. and therefore Senator Kell had
faAr oil cd a Of only tue Ne
and instead OF being holdover senator was
a new senator beginning a term OF four
years. ''If these facts are true" Mr. New
by concluded" Senator Ryan must have
been elected from the joint district OF
Adams and Allen for term OF four years
and is now holdover senator" Mr. New
by made a strong argument TO show that
Ryan instead of Kell was the holdover
senator. Both were elected I'm 1898, and
both could not be considered to have beer
elected for full term of four years, and
Ryan's only chance lay in proving him
self the follower senator