The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-11
COMPLAINT ATTACKING
APPORTIONMENT READY
Tuesday Is Day Set by Democrats
for Filing in Dearborn and
Boone Counties.
5 NOT SENSATIONAL
Presentation of Case as Prepared
by Committee of States Lead
ing Democratic Attorneys.

At the final conference Saturday after
noon Of the attorneys employed by the
Democratic state committee to institute
proceedings attacking the constitutiOnality
of the legislative apportionment act of the
last General Assembly the final touches
were put on the exhaustive complaint that
has been some weeks in preparation, and it
was decided that the first suits should be
begun this week. 1t was agreed that actions
should be brought simultaneously in Dear
born and Boone counties either on Wednes-
day or Thursday and the final steps neces-
sary were left TO Alonzo Greene Smith, or
this city, former attorney general of In
diana. Copies of the complaint were pre-
pared for the press and instructions were
given that they be delivered Monday.
Last evening Mr.. Smith learned that
local paper had in some manner secured
copy of the complaint and proposed to pub
lish it at once, before the actions have
been instituted, and Mr.. Smith became
very indignant.
"a representative of one OF your contem-
pOraries called me up tonight and told me
that his paper had a copy Of our COM
plant and would publish it in the morn
ing" said Mr. Smith to the Journal. Il do
not know how that paper secured copy,
but it was by illegitimate means, for the
only way the paper could have secured a
copy legitimately was from me. / was
given absolute charge OF the matter by the
committee instructed to give copies or the
complaint to the press at the proper time.
To give out copy at this time would be
both unprofessional and dishonorable.
requested the paper in question not TO pub
lish the complaint until authorized by me.
but was informed that we've got Ii and
we're going to use it, whether you say so
or not Under the circumstances | can
only say that If the complaint is published
at this time the fling of the suits may be
indefinitely delayed.
is NOT SENSATIONAL. E
The Democrats have made no secret of the
grounds upon which they shall attack the
apportionment act. and the complaint which
has been prepared contains nothing of SEN
sational character. being merely the strong
est presentation of their case which COM
mittee of leading Democratic attorneys has
been able to make. ]. Fred France, OF
Huntington. the Eleventh district member
of the Democratic State committee. has
epitomized the Democratic arguments
against the constitutionality of the law as
follows:
THE law provides that the General AS
sembly shall consist of fifty senators and
100 representatives and the representation
was based upon the enumeration of 1901, so
that each senatorial district should contain
49, $50 voters and each representative district
6,943 voters.
Following the act there are forty-six
counties which constitute twenty of the dis
tricts, and one senator is apportoned 10
each of these districts. There are ten OF
those districts. composed Of twenty-eight
counties, containing as shown by the en-
umeraton of 1901, l59.767 voters, while the
other ten. composed of eighteen counties.
contain only III 1863. In the first mentioned
ten districts no other senatorial representa-
ton is given by the act to any of the coun-
ties contained therein, and by the appor-
tionment the senatorial representation OF
AZ, 1913 voters. being three senators, is wrong
fully denied the counties in the districts
named and given TO the counties in the
other ten districts. thereby giving them ten
senator's instead of eight, while the first
mentioned ten districts have their represen-
tation reduced to ten, where they should
have eleven.
and injustice in this law, take the counties
of Ohio. Dearborn. Franklin and Union
with 1885 votes, or more than the senator
ia unit emitting them to a senator. 1t is
denied them and they are united with the
county of Switzerland and given one SEN
ator, the district IL is, having 1889 more
than the senatorial unit.
LACK SENATORIAL UNIT.
There are seven districts given senators
that lack the senatorial unit. viz; Lake
lacking 2724; Lagrange and Noble. lacking
1909; Allen and Adams, lacking 2,Ol9; Tip
pecanoe, lacking 2,114; Madison and Upton
lacking 2.22O: Wayne. lacking 1889, and
Lawrence and Monroe, lacking 2.205.
Taking as a basis the vote Of 1900, un-
der the present apportionment, the General
Assembly would be divided politically as
follows: Republicans-Senate. IS; House
O.; total, 1O5. Democrats-Senate u; House
80; total, 45, making a majority of sixty
Republicans on joint ballot
when you stop to consider that the
Democratic vote In the State is about As pei
cent of the total vote cast. and that OF
account of the Infamous 'gerrymander with
almost half of the entire vote of the State
they can only elect forty-five members OF
the General Assembly, and only stand tC
elect three of the twenty-five senator's a
the next election. Ii becomes apparent tC
every fair-minded man, whatever his poll
tics. that the present law is Ubiquitous anC
I unfair far more so than like acts hereto
fore declared unconstitutional by the SUI
preme Court.
Another sample of this unjust measure
/ is that each Democratic senator represent:
| % 799 Democratic votes and each Republican
| senator S,S46 Republican votes, or. in Other
/ words, ii takes three times as many Demo
| Gratis TO elect a senator as IL does Repub
1 licans.
The Democratic representatives would
/ each represent 1881 Democratic votes anC
/ each Republican would only represent Sol