The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-04

GERS, is unconstitutional Will attract VICE
spread attention and arouse unusual inter
est among both Republicans and Democrats
OF Indiana. The law in question affects
practically every county in the State. as
well as many judicial circuits, and extended
the terms of county officers, Circuit. Super
Tor and Criminal judges and prosecuting at
torneys all the way from sixty days TO one
year Naturally all the officers affected are
interested in the final decision as to the
constitutionality of the law, and so also are
many prospective candidates TO succeed
these officers. The question as TO the legal
ity of the act has been at issue ever since
the adjournment of the Ger eral Assembly,
and in several counties in the State the
different party organizations had already
determined 10 nominate candidates for the
offices affected, thus ignoring the provisions
or the new law. Ii was this situation that
led the Republican state committee TO take
the initiative in determining the constitu-
tlonality of the law, and Chairman Good
rich asked Mr. Harris to make an inveSu-
cation and prepare an opinion. Mr.. Good
rich said last night that the state commit
tee would now proceed on the theory that
the law is invalid and instruct the county
committees to have candidates nominated
ss usual.
"A friendly suit will be brought as soon
as possible TO settle the question. said Mr..
Goodrich THE case will probably be
brought in Randolph county, although sim
liar actions may be instituted in other coun-
ties In Randolph the county clerk and
law, and the Republicans there have deter
mined TO nominate candidates hereto
fore, and then take the matter into the
courts. An effort will be made TO secure
a decision from the Supreme Court at the
| earliest possible moment"
The law in question was backed by the
State organization of county officers when
1T was presented to the Legislature last
winter and these officers will, it is under
stood, take steps at once to make vigorous
legal fight to sustain the validity of the
act. County Treasurer o. p. Ensley, of this
| city, said last evening that the county off,
GERS would not permit the defeat of the
act without putting Up a fight to sup
! port it.
Il believe that the act is constitutional"
said Mr.. Ensley. In the preparation of the
Oil and before 1t was introduced a number
| OF able attorneys were consulted and il was
their unanimous opinion that the measure
aid not violate any constitutional provi-
slons. L am confident that the decision OF
| the Supreme Court will uphold the law"
Mr.. Ensley is affected by the act TO the
extent that it extends his term one year.
although IL precludes his being candidate
| Tor reelection because of the constitutional
! provision that no county treasurer shall
serve more than four years in any six. If
| tAiC law 10 menu lHtH MI
Ensley will be candidate to succeed him
self, and according to the precedent of re-
nOmlna ting the tWo-year-term county Off
| GERS without opposition will probably be
/ the Republican candidate at the polls. If
| reelected he would thus get four years in
| the treasurer's office instead of the three
years he will have IL the act is held TO be
| valid With him the choice is between
| three years of the office with but one cam
| palSn ana four years with two campaigns,
and his preference is for the former
Part I'M 90 rOf xxvall ha flr.atnv no
| contest over the validity of the act by rea-
son of the fact that the officers affected
are about equally divided between the Re-
| publlcans and Democrats
State Chairman Goodrich returned yester-
day from Washington, where he went last
week to look after some private business
affairs and to call on the members of the
Indiana colony there. Always inclined to
| shy from reporters in quest of interviews.
Mr.. Goodrich is considerably more reluctant
to talk for publication since his experience
with the correspondents at the capital,
| whom he found to be an Industrious set
! who will have STORY whether or no.
| His visit to Washington was hailed in the
| East as one of much political significance,
| and when he called on President Roosevelt
| the correspondents fairly fell over them
| selves trying to learn what transpired al
| this momentous meeting. All in all they
|
as the sporting editor would put it. or a
| run for his life, as he would probably put il
himself, If he would talk that much.
Il had very pleasant visit at Washing,
| ton, in spite of the newspaper boys" said
Mr.. Goodrich last evening, with one of his
| 'Old Innocence" smiles. THAT was al
there was to my visit, There was no poll,
| tics in il. OF course, heard some political
! talk, but nothing that would create sensa-
| ton if all of ii were published"
! Mr.. Goodrich called the President in
| ny VIII nf nc fri htff n.
was at the White House but short time
| and as there were half dozen men in the
party, the newspaper reports that he had q
| long, confidential talk with Mr.. Roosevelt
| on Indiana politics, in the course of which
| he assured the President that the Indiana
delegation al Chicago would be instructed
for him, ct cetera, ad lib, were all notable
| Illustrations of what a newspaper CORE.
spondent can do in the way of building ar
interesting STORY" on shred of real fact.
| While the State chairman will not tall
| for publication concerning these matters
believing that there is no occasion for his
rushing into print with his views-a course
| he has consistently adhered to since his
connection with the party organization
it is known that he learned nothing while
in Washington to lead him to change tbs
opinion he formed some months ago tina
President Roosevelt will be nominated 10y
reclamation to succeed himself. Mr.. Good
rich has never aired his views, consequent
| ly he has been represented in some quar-
tiers as holding one opinion, while il
others he has been credited with an opin
ion Numerically opposed to the first
| + +
Fred A. Sims, Of Frankfort, who is at tn,
same time a member of the Republican
State committee and the secretary, arrived
in the city yesterday to assume his duties
as secretary and will be in charge of tin
headquarters in the Stevenson building
throughout the campaign. He will live a
| the English Hotel while here.
Secretary Sims's first work yesterday wa
chairmen throughout the State, notifying
them of the decision of Judge Artman tina
the apportionment act of 1903 is unconsti
tutional and instructing them TO Withhold,
nominations for legislative offices until tn
Supreme Court has passed upon the cues
| ton. To-day Mr.. Sims will send out
| similar letter informing the county chair
| men that Addison c. Harris of this city
| has given il as his opinion that the law ex
| tending the term of county officers is I'm
valid and instructing the chairmen to hav
candidates named for the several count
offices this year as usual. In day or tw
Mr.. Sims will turn his attention to the DO
| litical handbook issued biennialy by tn
| state committee the material for which /
now being compiled as rapidly as possible
| Everything In the Ninth district is il
good shape, so far / know" said Nh
Sims yesterday afternoon. There has bee
nothing TO create much of stir politically
but the Republicans all over the district ar
alert and ready to pitch into the campaigl
| enthusiastically"
Mr.. Sims was asked whom he would nam