The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-16
Is More at Stake Than Appears
ON the Surface.
WILL ESTABLISH PRECEDENT
CONTEST THAT TOOK PLACE IN 1885
RECALLED At THIS TINE.
The Singer Case VIII Receive Due
COnsideratiOn-POIit and Leg
isIatfve News.

The question OF the eligibility of James
NJ. Singer, of Versailles, to a seat in the
Senate Is on that is receiving a great deal
of attention from members of both branch
OF the Legislature and from other prom
inent politicians. The speculation as TO
what the Senate will do in the case is gen.
eral, and the sentiment as TO what ii should
do is divided. Some well-known Repub-
licans have freely expressed opinions on
the case. and then have Immediately re-
quested that they be not quoted. The DEM
ocrats. for the most part, are noncommit-
tai, saying that it is matter that is up
to the majority side.
1t is generally conceded that there is more
at stake than mere seat in the Senate for
this session, or for two sessions. What
action is taken, a precedent will be
established, and il is this feature of the
case that assumes the most Importance.
Under the present conditions one Repub-
lican or Democratic vote more or less in
the Senate amounts to little. the Repub-
leans have such an overwhelming major
ity in both branches of the Assembly, but
the time may come when the election of a
United States senator. or the majority in
the Senate, may turn one vote, and a
similar case arise. In that event the action
of the Senate, or House. if the case should
arise there. would be largely governed by
the precedent established in the Singer
case. For this reason it is argued that
both the Democrats and Republicans should
be anxious to have the present case most
carefully considered. If Singer is clearly
ineligible, IL is pointed out, the Democrats
should be as anxious the Republicans to
have the Senate so declare, for at some
future session the Democrats may be able
to attack the seat of a Republican on the
to their party If the Repu blican is unseat-
ed than will accrue to the Republicans if
Singer is declared ineligible and w. A.
Guthrie seated.
A CASE RECALLED.
In 1856. when General Harrison was de-
feated for United States Senator by one
vote, the Republicans had a majority in
the House. while the Democrats had the
Senate. A Democratic representative from
Vigo county was unseated by the House
because he was clearly ineligible under the
Constitution. In retaliation the Democratic
senator's, by right of might. unseated Re-
publican senator. who had been elected by
a plurality of 200 votes, on the grounds OF
illegal voting. This left the vote on joint
ballot tie until a PopuliSt member of the
House turned over to the Democrats and
elected Senator Turpie.
Since the contest of 1856 there have been
four contests I'm the Senate. The Repub-
licans were In control in all these contests,
and yet in three of them they seated Dem
Ocratic senatOrs-a record for fairness
which the Democrats will find it difficult to
parallel in this or any other State. The
contest two years ago, in which Senator
LAWYERS seat was attacked on the grounds
that he was ineligible because the certii-
cate of his nomination had not been filed
within the legal limit, was clear case, and
the Republicans would have been justified
In unseating him, but they generously re-
fused to take advantage of the opportunity
A constitutional question was not involved
and the case was not so important as the
one that will come up this winter.
The careful investigation of reliable at
| torneys in the Singer case has led them tC
| declare that he is clearly ineligible. He
| was a school trustee at the time of the
| election, and the Supreme Court has held
the Office of school trustee to be lucra-
| tive office in the sense of the Constitution
| Further, the Supreme Court has held that
in such a case the candidate receiving the
next highest number of votes and who was
| eligible to election is entitled TO the seat
| Under the circumstances, 1t is clearly with
| in the law for the Republicans to seat
| Senator Guthrie.
ACTION OF MAJORITY.
However, the action of the Republican
majority this winter will not be governed
| by what the Democrats would do under
similar circumstances. Lieutenant Gov.
ernor Gilbert and other prominent Repub
licans have stated that the matter will be
subjected to the most rigid investigation
and Singers seat will not be contested un
less it is established that he is clearly in
eligible. If the Democrats of that district
nominated man who was ineligible, they
/ must take the consequences. 1t is not
| question of ethics, but one of the law anC
| the Constitution.
l. A leading Republican said last night
| 1.-The effort of Democrats to create the i'm
| preston that the movement to unseat Sing
/ er was started by Lieutenant Governor Gil
| bert with view of building up a politica
machine in the Fourth district to aid hin
| In securing the nomination for Governor
two years hence. is without Justification
| except as a political subterfuge. Mr.. Gil
| bert did not raise the question, and he /:
/ not building a political machine. He ha:
| not announced that he will be candida {,
/ for Governor. The question was raised by
one of Senator Guthrie's friends and laiC
| before him before Mr.. Gilbert had any
| knowledge whatever of the case"