Indianapolis Journal, Indianapolis, Marion County, 23 April 1896 — Page 4

THE IKDIAKAPOLIS JOURNAL. THURSDAY, APRIL 23, 1890.

THE DAILY JOURNAL THURSDAY. AI'IiJL 23, 15'JO.

Vcsi.'rjtca Office HID Pcuaiylvaaia Avenue ,TPirphone Calls. CstlstsaOara..... Kditorod Kuomi A fcfi T lift SIS OF SIBSCIlirTIUN. HAltY BT MAIL. rtnyttr.lj, er.emcntri ny nlT, tUr itioott ;.0fl Patly on jear. s.oo lallr, tnduOlntt nplyt m year Io.to ttuaday cmlr, d yrar r.uO whia rrermtTED iy auexTs. Da!!r. pr wct. by carrier.. is ru I ii?xl j-. alng-to -ovy ct katfj and baadaj , yr wek, by carrier 20 cts WtZKLT. JPtrrvar $i.jo Reduced Ratea to Clubs. Fnbsertl with any f tir numerous ageutaorMfid aoacstpilona to ue JOURNAL NEWSPAPER COMPANY polls, lad. Tf rtou tend in j ft Journal tfcronjrh the roam In tbt riftNl Mate titouiU put u is eiifUupan-r ixt a r-cxST iioetairr stamp: on a iwtive or i&tea-i'3ir rr' rwo-cKXT postage ttatup. foreign iUyv It Uwilly doutle tbese ntea, f7"n communication intended or pnhM.-aflon fn t2u paper innkt. In tnler to mtlTe attention, be accompanied by tb aanit and address of Uj writer, v TIIC LDIAAPOUS JOUU1AL Cao be foaad ax the following places ' , ' ' KW TORK UllMj House. Windsor Ketl and Aator Monte. ClIIlMCO-Valmer HoW and 1. O. Nam Co.. H Adam trc. C!MJ ;AT1-J. K. Haa ley 4 Co., 154 Vina street lXriSVII.i.E C. T. Dtering. roribwevt wnr of Tbtrtl aiMi Jtitcnvn M.iKi LvuutUU- Book Co.,'i rotirtb a?e. wl.LOl'I-UuioQ ewtCoiuianr, Colon Depot' TTAHlNOTO. O. V-R!gy liouaa, KbbiU Hoiim, WUiard'a Hotel and tfie WMtduftua News ExXUauge, KiiirecU UL hena. art. aud f txet. . Vhen the Popullsfs of Missouri come to make a platform they can tone down the Democratic platform fn that 'State and appropriate It. "I shall Jn?ist." when applied to the action of thirteen hundred delegates of a Republican State convention. Is not a happy phrase,'. whoever may make It. The contest for the control of the Democratic national convention will, not afford so rncch amusement as it would if the party' were. a potential power in polltics. - -- Congressman Cobb, of Alabama, who has Just been unseated on account of grosa fraud In his election, is the person who asked "Where are we at?'. He knows now. - When States indorse ex-Go vernor Russell, of Massachusetts, for the Democratic candidacy for the presidency it may be said that they are engaged in kindergarten politics. The coming State convention should place the Republican party in Indiana as near the .head of the procession as possible T)y a- ringing resolution on the silver question. The best men in the Democratic party are now engaged In trying to prevent it from being captured by the free silver wing. In other words, they are trying to save thie party from itself. The foreign policy of the present administration seems to include the keeping in office a $ consuls of several disrep utable persons against whom written charges are. on file in the State Depart ment. T It. it j not sp very important to people In the Qehter of the. United States that the world should be disarmed unless the disarming should extend to those who carry concealed weapons, which they use upon the slightest provocation . In November," 1832, the woolen mills in one county in "New Hampshire -employed 1.1S0 persons, paying them $3(5,100. They now employ , 290 people and pay them tll,900 a' month. The free-trade champion fills to see suoh facts, but they are sure to get out, A correspondent of the News is surprised that anyone should question the election of General Wallace as delegate to the St. Louis convention and assumes that it cannot be. That a scheme was on" foot ten days ago to defeat him is. nevertheless, true. In launching Governor .Russell's presidential boom. Jhe Democrats of Massachusetts were particular to spell out his name, William' Kustls Russell. From a society point of view that is good form, but, all the same, it does not make a presidential quantity out of William Kustls. ''. . ""' Secretary of Agriculture Morton is weary of public life and will have no more of Jt. when his present term shall end. Mr. Norton cannot he more Wiary of the publlc.service than the public i of him. Furthermore, his declaration of a purpose to retire to private life Is unnecessary. The dreadful Tillman, essaying the role of prophet, says: "The conditions are favorable for some kind of a revolution in the' next five years." They certainly are. It will bo the restoration of pros perity under a Republican administration and the ending of the professional croaker's occupation. The venerable Colonel Morrison, who has voted . ar free coinage, but who learns a few things, remarked in a recent Interview that the "free coinage of silver would drive all gold out or circulation, so that we :ho'uKi iiave' fewer dollars for a season, Arid he spotfe the truth ( of exjerlence. Jk may b the Democratic candidate for President. A person who is In a position to know cays' the labor unions, UirVuRhuut the country are. generally raking Uttle Interest in the resolutions of the .federation convention in favor of. five coinage of diver. After the mechanic turns the matter over in hl mind he will not be in haste to demand. pooy . which will cause him to be pald'in'lMlrdrs having CO or TJ cents' purchasing power. A Washington correspondent wires his paper th.t "The statement telegraphed from . Ind'anapolls that the Harrison stalwarts propose sending the ex-PresI-dnt as a delegate" at large to the St. Louis convention does not meet with much credence here." One would suipose not. It ought not to meet any credence whatever outside of a lunatic hospital or asylum for the feeble-minded. General Longstreet will be the honored Curst of the Middlesex Club in Boston on tb anniversary of the birthday of General Grant. In all the land there is no creater admirer of General Grant Vr.m C-!3 nan who fought against him. T.i t'.z lzz'.i Ler.-xtreet has made Grant T " , czltlzr cf ti war, xvtila

he makes him the broadest patriot after Lincoln. It is one of the best Indications of the time that Roston proposes to give the greatest living toldler of the Confederacy a most generous welcome. ropi'tvin ;ovKii:iF.vr i loiisi-

A popular election in Louisiana Is always rrore or' less a sensational event, and,, although It I one of the border State of the Union and very remote frcm the center of population. Its elections gfnerally attract unusual attention. This Is largely due to the peculiar rae conditions which exist there, to the largo foreign element, to the turbulent character of the. population and to the fact that New Orleans has long been the most ring-ridden and worst governed city In the country. There Is only one thing lacking to Louisiana elections to make them quite like elections in France or Mexico, and that i.to hold them on Sunday . There has not been a fair and honest election In the State since . the war, and probably there never will be. The election of Tuesday was for Governor and State officers, Legislature, pari . ish and local officers, and municipal officers In New Orleans and a few of the larger towns. There were two State tickets in the field, straight Democrat and Fusion, the latter being a combination of all the elements opposed to the Democracy. " The Fusion ticket was named bythrc separate conventions the National Republican, 'the Regular Republican and the Populists. Of the candidates on this ticket five were Republicans and two were Populists. The five Republicans were members of the sugar planter element of the party which went over in 1892, the Regular, or old-time. Republicans, modestly contenting themselves with Indorsing the ticket without asking: for a'single representative on It. In accepting the nomination for Governor, Pharr, the Fusion candidate, had to send three letters of acceptance, one to each of the three partiesnominating him. The Democratic ticket was headed by. Governor Foster, who . stood for re-election. It was the field against' the Democratic party, and the latter seems to have won. As the election machinery of the State was almost entirely in-the hands of the Governor, It would have been very difficult to beat him by any combination. In Louisiana theresult of an election depends on the votes that are counted more than on those. which are cast. The fight In New Orleans .was a nonpartisan battle for honest city government. The present city administration had proved utterly corrupt. Ten city councilmen have been indicted for bribery and four are now in the penitentiary. Other gross frauds had been unearthed by grand jury investigations. To overthrow the ring a Citizens League was formed, which reached a membership of nearly twenty thousaVid Democrats and Republicans, white and black. The movement was successful and the reform ticket was elected. The Warmoth wing of the Republican party in New Orleans favored the reform ticket, while the Kellogg wing opposed it. The defeat of the ring, therefore, includes that of ex-Governor Kellogg, which no friend of honest politics or good government should regret. The result in New Orleans Is. distinctly a reform victory. Besides these elections the people voted on about twenty amendments to the Constitution, making important changes in the judiciary, the public school system, the executive departments of the State government, etc. These various amendments practically gave the State a new Constitution, without calling a convention. A suffrage amendment substituted limited for universal suffrage, giving the ballot only to those, who can read and write or are possessed of two hundred dollars' worth of property. This provision will disfranchise about eightyfive thousand negro voters and five thousand whites. The Republicans and Populists declared against and the Democrats In favor of it. If adopted, as it probably was. It will insure the permanent ascendency of the Democratic party in the State. Altogether, popular government In Louisiana is a good deal of a farce. ' AOT HOMCST AVI Til TIIEMSELA'KS. A correspondent in Noblesvllle has called attention to a paragraph contrast-' ing the Interest which British consols command with the last issue of bonds by the present administration. After calling attention to the quotations, he proceeds as follows: Do you not knew that if the United States would cease to agitate the silver question anrt quietly submit to a single soli standard. United States bonds would sell for as great a premium as British consols, and that the laborers of the I'nited States would receive as small wages as the British subjects? The Journal does not know anything of the kind, so far as wages are affected, nor does any man who is candid and gives any attention to statistics regarding wages. As a matter of fact, during the Harrison administration over $23.OCO.000 of four-and-one-half-per-cent. bonds were continued at 2 per cent., which was even a better rate for the government than tha-t of the British consois for Great Britain. Wages were higher then than now. Kvery man of average intelligence and who Is" honest with himself has learned two things during the past year, namely, that the countries in which wages are lowest are on a silver basis, and that those countries which' have the largest amount of money per capita are those which are on a gold basis, with a silver circulation which Is either a full or limited legal tender. It Is a fact that the lowest wages paid in the world are paid In India, China, Japan. Mexico and other nations which are on a silver basis. In India the factory worker gets less than 20 cents for sixteen hours' labor, and the more than half naked native who tills the soil gets -from 7 to 10 cents a day. In China wages are next to nothing. The highest wages paid in any silver standard country. Txcept Mexico, where the average is not half as high as in this country, are paid In Japan. Some of them have been given in the Journal before, but they may be instructive in connection with the assumptions of our correspondent: Average Wars Wages in the Trades. In Japa.:. U. S. in 1K. !Rlacknni:h 2-) cents J!.0) Hrioklayers cents Carpenters SO cents Laborers 22 cents 1.91 1.25 These comparisons might be Indefinitely extended, but the above average will a-how that, the wages paid in this country are from five to ten times as much as they are in Japan. Next to the Unlti cd 13 talc 3 ia per capita wases comes

Great Britain, and France and Germany follow at some distance, but in any of them the wages are two or three times as much us they are in any silver standard country in the world. More than that, wages in gold standard countries have been advancing, and have advanced most of all in Germany, since it adopted, the gold standard and a protective tariff. As is Svell known to all those who have cared to Inform themselves, the amount of money per capita Is much larger in those countries which are upon a sold standard, or use gold and limit silver to the amount which can be carried at par with gold. The four leading: countries ;which are practically upon a gold basis have a per capita stock of money as follows; United States, $25.02; United Kingdom. $20.44; France. $36.81; Germany, $13.56. The four leading countries which are on a silver basis have a per capita. stock of money as follows: Mexico, $5; Japan, $i; India, $3.44; China, $1.80. If those persons who seem to be possessed with the evil spirit of flat or cheap money would but honestly study the facts and open their minds to the truth they would soon be clothed in their right minds. The sheriff of this county says: T am firmly convinced that three-fourths of our robbing, stealing, and, In fact, murdering, is committed by ex-convicts who are turned loose without a cent, with no prospects before them, no one to give them a mouthful of food or lend a helping hand." No stronger argument than this was ever made for the establishment of a home for ex-convicts. Even if the sheriff greatly overestimates the proportion of crimes perpetrated by that class it is still an unanswerable argument. Society has not done its duty has, In fact, done a great wrong when It sends a convict back to the place of his conviction and turns him loose without a cent in his pocket, with the brand of a felon upon him, and with every man's hand against him, and with detectives on his track to prevent him from getting employment or making an honest living. The civilization and the Christianity that, cannot do better than this are a failure.

A State committee on municipal reform in Pennsylvania has prepared a new form of charter for cities, which, after establishing government by departments, makes the heads of departments elective by the people. This would be no improvement on the old system of councilmanlc government. The essential feature of all reform in municipal government is to concentrate executive responsibility and have as few administrative officers elective as possible. Government by boards or departments is all right, but the members of boards and heads of departments should be appointed by the Mayor. If the Pennsylvania committee wants to study a model form of city government it should come to Indianapolis. If the leaders in all the churches could get together and selsct from the Bible portions for reading in the public schools, agreeing upon a version, it would be well; but the proposition of several clergymen in Chicago to renew a fight for the reading of the Bible in the schools has nothing to commend it to people who are broad enough to see the mischief, not to say injustice, of such a policy. There are thousands of people who are conscientiously opposed to reading the King- James version of the Bible. They are doubtless absurd, but, nevertheless, their scruples cannot be Ignored. On the other hand, Protestants would object loudly against being required to read the Douay translation. ' It was shown that Mr. Cobb, of Alabama, who has been unseated by the House, got more votes in the negro counties in his district than there were voters, and thus secured an election. The House concluded that there is an impropriety in any district casting more votes than there are voters in it, artd so gave the seat to the contestant.' Mr. Cobb's friends, however, were not satisfied with such a decision and wanted time t to take more testimony, showing that in twenty odd years of fraudulent methods in elections those who resort to them cannot see why counties should not count more votes than they have voters. The Connecticut Republican convention.did riot Instruct its delegates to the St. Louis convention. Four well-known men were selected. and the whole matter left with them. They are doubtless in favor of Speaker Reed now, but the Republicans of that Sta,te seem to think that the best men will be sure to do the wisest thing without instructions. What they might have done if they had had a committee chairman who had announced that he would insist on instructions is a contingency which cannot be discussed. During most of the period from 17D2 to 1S72, inclusive, this country .produced an average of only twenty-five thousand dollars' worth of silver a year, and Its commercial value was $1.30 an ounce. Now we produce sixty-five million dollars worth, and its commercial value is only 6S cents an ounce. A person who cannot see the bearing of these different conditions on the question of free coinage is beyond the reach of argument. Under the stupid and dilatory management of John Boyd Thacher, chairman of the committee on awards at the World's Columbian Exposition, the medals awarded to successful exhibitors have just begun to be distributed. It would be unsafe to predict when the distribution will be completed. Thacher ardently wishes to dispel the idea that we are a hasty and impetuous people. One of the aspirants for the position now held by Col. 1. N. Walker Is announced by the Boston Journal as having served throughout the war. As a matter. of fact he was a musician in a three-months regiment. AS TO MOXEV Al) INSTKICTIOXS. The thing for the Republican party ko do this year is to declare itself plainly anj un equivocally on the money question. The people do not want a "straddle" platform. They nave had enoun of thafi klnJ. Seymour Republican. It is well for Indiana to in;truet her delegate for 'McKlnVley. but the Instructions rhould.be elastic enough to permit them to voce -for General Harrison should the situation demand It. and General Harrison be Induced to yield frta personal feelings ia the mattcr.-New Castle Frew. The sentiment of the people are voiced In instructions!. The people "trust" their delegates to execute their will. In a republlca form of government the majority rules. If the crea.1 majority of the Republican rarer

of Indian i are in favor of MeKlnley the drlejrate to St. Loul should be 1ntruc:ed u o cast their vote. ;rawforJv1lIe Journ.il. Whatever el?e fhe ReDJDllcan national convenUon may sy upon the financial lsue. It must not omit to declare opposition to the free coinage of silver at the Impossible ratio of 10 to 1. The Republican party cannot afford to be the Instrument to desrale the money of the Republic by lowering Its standard and making it unstable. New Albany Tribune. The sliver owners and speculators want Congress to double the value of their silver by free eolnas?. it would be Jut as reasonable for the farmer tc Inals: that Congress siiall by legislation keep wheat at a dollar a bmhel, ani the worklnxmin that it ihall maintain fills wages at XI a day, anJ the buines man that he snsll ihave a law to secure him at atl times profit of 90 to 1W per cent. -Rushville Republican. It is surprising that so many wage earnerw fill to see that the free coinage of silver would be particularly detrimental to the working classes. The capitalist would be able to take care of himself. In a sense, on a silver basis, and probibly make money out of it in various ways, but 'the laborer would be a helpless victim of the depreciation in the purchasing power of the money received for hla services. .Shelby Republican. The people rule in this country. Our officers and our delegates are merely thetp agents. The delegates were chosen to represent the people, and have no moral right to vote contrary to the serrtJmen't of those who .chose them. The vote of Indiana belongs to iMcKinley. We do not altogether like tine tactics pursued by -bis lieutenants 4n some part of the couretry. but the preference of this State went to JiLn without any outside influence It sprang' up spontaneously, and is sincere and earnest. Fort Wayne Gazerte. The sentiment is growing thit the Republican Stale convention should not bind the delegates at large to the St. Louis convention with Instructions. Let the men choen be men of AIcKInley sympathies and predilections who can be relied on to carry out the wishes of 'their constituents o long as there is a chance of the realization of these wishes, but let tfiem als o be men of prudence and gumption, with freedom to do the best thing for the State fihouhl a time come when the noiminaLlon cf AIcKlnley 1s shown to be impossible. Marion Chromlcle. The Indianapolis Journal is to be commended for its vigorous protest against the purpose to instruct delegates to St. Louis. If any man Is chosen as delegate at large who ha a not Judgmen t enough to make up his raind to the best course the State will be disgraced by -the selection. 'But of "the men named for the position none are in need cf Instruction. They are all capable of measuring public sentiment, anl will no doubt act In accordance with it as Jong as sued a courss Is consistent. When it is not they know enough to change. Elkhart Review. V "The principal objection that has been made to instructions by the convention is that Ihere might come a time in the St. Louis convention when tl Indiana delega'ie3 wouia find it wise to votw for some other candidate, arid hence ought not to be bound by instructions. There A no force in the objection. Nobody would expect 'to bind the delegates unreasonably or to say that they should vele tfor a candidate 'first, last and all the time. Instructions are understood to authorize anvl bind delegates io vote for a candidate as long as there is a reasonable hope of his nomination, and the Instructions could be so framed as to iindicate that. 1f thought best." New Albany Tribune. This la our view of the case also, and we are pleased to see thi: nine-tenths of the Republican papers of the State take tlie same view. Warsaw Times. BinnLES ! TIIR AIR. The Cheerful Idiot. T don't believe bicycles are healthy," said the conservative- boarder. "Oh, they . must be" said the Cheerful Idiot. "At least, those that are advertised to have self-healing tires."

Force of Itablt. Mr. Haicede By gosh, ef I loafed around like you do, it would nigh kill me. I ain't happy 'less'n I got some work to do. Dismal Dawson That j!st goes to show what hold a bad habit will git on a man in course of time. Settled lllui. Her eyes were. like two twinkling stars, Her moutjndbe bue,of cherry, . . Her grace was that of the young fawn, Her smile most sweetly merry: He'd half a mind to love the maid. But left her, dazed, astounded. When he heard her wonder artlessly,' How it felt to' be "drownded." Who Wan the Hoodoo? Oh, Tommy, Tommy Taggart, our hearts were swelled with pride. Says we: "Those Rubes from Michigan will now do suicide;" You pitched the ball across the plate, and now look at the score!. It's all your fault Detroit is 6 while we are only 4! Or thereabouts. PASSED OVER VETOES MAYORS- OF GOTHAM AND IIHOOKLYX OVEIIRIXED I)Y THE LEGISLATIVE. Greater .evr York mil Ajrnln Adopted by the Honse Amid Intense Excitement' Ready for the Governor. ALBANY.N.Y., April 22. The Assembly has passed the greater New York bill over the vetoes of the Mayors of New York and Brooklyn. The' Senate had previously passed the bill over the vetoes, and it now goes before the Governor for his approval or veto. It was sent to the Governor at 3:30 o'clock. Such pent-up excitement as was witnessed in the Assembly chamber during the taking of the vote has rarely, been seen In the annals of .the Assemby. There was no vociferousncss, very little heated debate, but a nervous excitement,' a pent-up. feeling of Insecurity that made men's hands unsteady and their faces flushed. Not until the one hundred and forty-eventh vote on the ballot was reached did the feeling of insecurity on the part oZ either the adherents or opponents of the measure find a rest, and even then the fear that chances of votes might alter the result made Speaker Fish leave the chair and threaten the lobbyists with vengeance if they approached members, while ethers sought out some absentee and tried to persuade them to vote. Even when it was known that there were 78 votes for the bill, two more than enough to pass it, the anxiety of the members was apparent until the clerk, in a trembling voice, began to read a detailed statement of the vote. "When Mr. Klnne's name was read he changed from the affirmative to the negative. The situation was desperate and the struln upon the members intense. Then In came the Sergeant-at-arms from the Speaker's room with Mr. Bondy, of Syracuse, who. on a former passage of the bill, had voted against it. There was intense excitement an Mr. Bondy arose and explained that he would vote with a majority of his party and cast his vote "yea." Then Mr. Goodsell arose and, as the members hushed the tumult, said: "I desire to change from the, negative to the' affirmative." This left the vote 7S years to 3 nays, tut Mr. Stanchfleld. who led the minority, was clamoring for recognition, and Mr. O'Grady was shouting, "The clerk will announce the vote." Every member was on his feet when the vote was announced yeas, 78; nays. 69. 3I1. CLEVELAND NOT INJURED. Alnrmlngr hut tit truthful Reports Re KRrdiiiic u Slltfht Arcldeut: WASHINGTON. April 21-An accident to the team In which President Cleveland was driving to Woodley this evening caused alarming statements as to the safety of the President to spread quickly over the city. Mr. Cleveland left the White House at 60 o'clock, and Just after crossing a car track on the city's boundary the nigh horse slipped and fell.. The other honse. becoming' frightened, plunged about and himself fell over the pole of the carriage and on top of his mate. A large crowd gathered and the frightened horses were quieted. The President hid remained perfectly cool and stepped from the . victoria. By cutting some of the harness the horses were liberated. A lamp had been kicked off the carriage, but other than this the vehicle suffered no damage. Th President continued his trip to Woodley in the carriage of Mr. Gardiner llutbard.

A NEW POINT KAISED

AltGt'MEVT YESTERDAY IX THE APrORTIO.'MEXT CASE. The Enumeration of "'Whites' Ynder the ConstitutionGovernor nnd Special Session. Oral argument was heard yesterday by the Supreme Court in the apportionment suit. C.iler Justice Hackney and Justices Monks, Howard and McCabe listened to the argument, after stating that Justice Jordan was too ill to fit through the argument, although he came here yesterday morning for that purpose. By agreement of counsel It was decided to proceed, but considerable regret was expressed that Justice Jordan could not be present. Alembert W. Brayton, appellee, was represented by Ferdinand Winter. Addison C. Ilarrl and ex-Judge Mark E. Forkner, of New Castle: For the appellants, James W. Fesler et.al., officers of Marlon county, R. O. Hawkins, A. G. Smith and John W. Kern appeared. A number of students from the Indiana Law School were present, and members of the local bar were seen In the court room. It seems a foregone conclusion that the Supreme Court will declare the apportionment law of 1885 the last on the statute books unconstitutional, as it has already done by implication in the Parker case, and that Governor Matthews will be compelled to recede from his expressed determination not to call a special session of the Legislature for the purpose of passing a new apportionment law. At the last moment yesterday the point was made that all apportionments enacted prior to 1885 were unconstitutional, inasmuch as they were made under the original provision of the Constitution which required enumeration of ail "white" male inhabitants above the age of twenty-one years to be made, and that apportionment? of legislative and senatorial districts should be made upon the basis of population shown by such enumerations. In 1880 this provision of the Constitution was changed, so that the word white" was eliminated in accordance with the fourteenth and fifteenth amendments of the federal Constitution. All subsequent apportionment laws, with the exception of that of 18S3, have been declared unconstitutional, and those prior to the amendment. of 18S0 became void. It is claimed, upon the adoption of the amendment of the State Constitution. Confronted with the certainty that Governor Matthews will be compelled to call the Legislature together for the purpose of enacting a new apportionment law, if that of 1SS5 is declared unconstitutional, or call upon himself the ill will of the legal voters of the State for falling to provide means for the passage of a law under which the election can be. held next fall, John W. Kern made a desperate attempt to convince the court that it had no Jurisdiction; or, admitting that It had Jurisdiction, he argued that it would be extremely disastrous if that Jurisdiction was exercised, as. In the light of the Governor's expressed Intentions, the State would be left without a Legislature. and with no means of securing tne election of successors to the body, whose terms will expire by constitutional limitation the day following the coming elections. As a last alternative, Mr. Kern asked, by implication, that the decision of the court be withheld until after the election next fall, so that the election might be held under the unconstitutional law of 18S5. THE RECORD REVIEWED. The record under consideration shows that the present aportionment suit was filed originally in the Superior Court of this county in March last. Alembert W. Bray ton began an action against James W. Fesler, clerk, and other officers of this county, asking that they be restrained from proceeding to hold an election next fall for the selection of Senators and Representatives under the law of 1S85, alleging that law to be unconstitutional upon several grounds. In the first place. It was alleged, under that law Marion county -was given but two Senatois, although entitled to three, and was put into a Joint district with Shelby and Hancock counties, which were thus given more representation than they were entitled to under the Constitution. , 'Marion county was also deprived of one Representative, as it was given but five, although entitled to six. Tne complaint says that Boone, Clinton and Montgomery counties were placed in a Joint district with two Senators, an arrangement which the Supreme Court has declared unconstitutional. A great many other equally unconstitutional instances are mentioned. The Superior Court held the law to be unconstitutional, and executed the restraining writ. An appf al was at once taken. The case was rapidly advanced, and was set down for oral argument yesterday. When the arguments were finished the case was taken under advisement, and, while no intimation was made by the court as to When the finding would be handed down, attorneys for the appellee, Alembert ' W. Brayton, confidently expect a decision within two weeks. The ex-Attorney-general opened the argument in support of the law of 1885. He admitted that law to be the last under which an election could be held next fall, and pictured the disaster that would follow if It were held unconstitutional. He predicted that tae State would be in a condition of anarchy. No power on earth, he said, could compel the Governor to call an extra session of the . Legislature. The Governor could not dictate to the court and the court would not suggest what he should do. "I'd like to ask you. Mr. Smith." said M. E. Forkner. "how you can take It for granted that the Governor will not do his duty?" Mr. Smith said that such a question was a breach of decorum. He declared that If the General Assembly were called in special session there was no assurance that it would pass a fair apportionment law, as the apportionment law of 1885 was one of the worst ever enacted, and he asked why such an Assembly should be called back to try its hand again. He said that the whole suit was partisan, and that appellee had no property Interests Involved. The appellee, he said, had no more interest in the case than 600.000 other voters in the State. "We submit that the court has no jurisdiction," said he, in conclusion, "and you must reverse the decision of the court below." At no point did Smith seek to defend the constitutionality of the law. MR. HARRIS'S ARGUMENT. Addison C. Harris began the argument for the 'overthrow of the law of 1S83 at 11:15 o'clock. He prefaced b! argument by saying that" he would not turn aside from his argument as originally planned because of the anarchy, ruin and disaster which the ex-Attorney-general fancied be saw hanging over his head. In presenting the case Mr. Harris said, in part: "This is a case which affects the State at large. Independent of the accident of who are the nominal parties of record." The points in Mr. Harris's argument are set forth as follows: "In State vs. Cunninghom (31 N. W.. 731) it is declared that in an action like this the people are regarded as the real parties, and it is not necessary that the plaintiff have any financial Interest in the result; that in a public case the parties will not be permitted to alter the facts or dismiss the case if the public, welfare requires its prosecution; that tne case, where the public welfare is involved, is Independent of the accident as to who is the plaintiff, and that the question on which the exercise of jurisdiction must turn Is whether the subject matter of the suit is one quod ad statum publlcae pertinent one affecting the sovereignty, of the State, its franchises or prerogatives. Ind., 133; SI U. S., 3i4; 86 Ind., 12.) "By our statute (3 Burns. 6213 et seq.) the central committees are recognized a representative political agencies. KacU is here by its attorneys, so that all the voters of the State are represented. All the eential facts touching the apportionment laws are Judicially known and no averment, stipulation or statement contrary to the real facts as they exist could be made by the parties of record or the attorneys. The court has Judicially before It the Constitution, every enumeration statute and every enumeration, every apportionment statute. Courts take judicial notice, without particular averment or proof, of all laws, censuses, enumerations, apportionments' and the like. l Burns. 77; Denny vs. the State, 41 N. E., 936; 137 l S.. 214; 128 Ind.. 574; 24 Ind.. 497; Work's Prac, 318; Sutherland Stat. Con., 181 et seq.)" Mr. Harris quoted . Webster's definition of -the word "apportion." "To apportion." says Webster, "Is to distribute by right measure, to set off in Just parts, to assign in due and proper proportion." This rixht, Mr. Harr.s declared, any citizen my enforce. He then spoke of the glaring fault3 of the act of 18S5. Said he: "By comparison of the present complaint with that In the case of Parker vs. the State (13:; Ind.. 178). an action attacking tho constitutionality of the act of 1Z3U it will be found tiiit tha dlcjatictia cf erch ere ti3

same, anl that by comparison with th law of the allegation will b- found truthful. In that case the court raid: 'The complaint also contains allegatlotic In relation to the act approved March 6. 1SV. similar In cnaracter to those set out above (telng a statement of the apportionment act of ls9lK but In view of the conclusion we have readied in this case -we derm It unnecessary to set them out in this opinion.' Thus, by implication, the act of 1831 was held to be unconstitutional. , "The following are some of the glaring fault of the act of 1S8H, the senatorial ratio being D.syj and of the House 4.943: Doutle senatorial districts are created. Boone, with 6.413 male Inhabitant, over 11. together with Clinton. Inhabitants, and Montgomery. 7.343 male inhabitants, were made one senatorial district and given two Senators. Thi Is always condemned. If allowed, five or ten Senators could be put in the same district. SOME GLARING EXAMPLES. . "In another instance, .Hancock, with but 4.157 voters, is placed in a senatorial district with Rush, which has 5,161 voters, and the district is given one Senator.. While the district is short S64 votes, yet Hancock Is Joined in a second district with Marlon and Shelby. Union county is completely disfranchised by being Joined -with Ripley and Franklin county in a representative district, Ripley and Franklin being flxt jr'ven cne Representative each, although they were short of the unit of representation 2C8 and 249 vote, respectively. These counties, having no excess. Joined with Union, a lesser county, and the three were given one joint Representative, thereby disfranchising Union, county. Hancock, 77 votes short, la put in a representative district with Shelby and Marlon, while Marion was alone entitled to elect the fictitious Representative given to Hancock. Sullivan county is made contiguous to Vermillion by being put into the Joint district composing those two counties and Vigo. "By the enumeration of 1$ Marion county had 29,812 male Inhabitants over twentyone. The State had 494.600 such male Inhabitants. Marion county was, therefore, emit led to three Senators, but is given two only and one in the district of Marion, Hancock and Shelby, which counties were aJready fully represented. In Denny vs. The State 42 N. E. S36), the court approved the condemnation of double districts as expressed in Parker vs. The State, ani continues: 'So odious, Indeed, has this double district system been regarded that In the Constitutions of many of the States it has been specifically forbidden and the single district system alone authorized, even so far as to require rhat 8. county entitled to more than one member should be divided into as many districts as there. are members. The observations made in regard to the double senatorial districts of Randolph, Delaware and Madison apply also to -the district made up of the counties of Clinton, Boone anl Montgomery; and also to that composed of the counties of Miami, Wabash and Huntington. None of these counties had a voting population equal to the number fixed for one Senator and yet each is given a voice in the election of two Senators. WTiat is said of the double senatorial districts is likewise true of the double representative districts. And the system is unhesitatingly condemned as unconstitutional. "Brown county, by the enumeration, had only 2.250 male inhabitants. It was put Into a senatorial district composed of Bartholomew, Brown and Monroe, and into a second district composed of Morgan, Johnson and Brown. Marlon county was entitled to six Representatives, but given five only and one Joint with Hancock and Shelby. Jay county had 5,067 male Inhabitants. The representative unit was 4,946. This county. -was denied under the law of 1831 and under the law of 1S83 alike, a Representative, although under each enumeration she had more than the representative unit or ratio, but put in districts with adjoining counties of Adams and Blackford. "In Parker vs. The State, 133 Ind., 198, speakiig to this subject. It was said: 'Under this law (1891) the unit for a Representative is 5,511. Jay county, as shown by the enumeration of 1539, has 5.K3 male inhabitants over the age of twenty-one years. It Is denied a separate Representative. As we have seen, it is agreed in argument that the constitutional provisions above set out were intended to secure the integrity of the counties. Jay county having more than the represenatlve unit, was, we think, entitled to a separate Representative, and It was not within the power of the General Assembly to deprive it of such Representative. This would seem too plain for argument This rule is confirmed In Denny vb. State. By the act of 18S5 Dubois had a voting population of 2.597 and was placed in' two representative districts, to wit. Dubois. Martin and Lawrence; and Dubois and Orange, which has but 2.059. In Denny vs. The State the court says: " 'The ratio for the election of a member of the House cf Representatives, according to the enumeration of TSS9. was 5,510. The county of Perry had 4,152; Crawford, 3.CT76: Orange, 3.4f4. None of these counties, therefore, had a voting population equal to the ratio for one Representative, yet by throwing the three into one district, each county was given a voice in the election of two Representatives. The same may be said of the double representative distrlot of Brown, Johnson and Morgan, and that of Monroe, Lawrence and Martin.' P. 936. "Also, by the law of 1885, Adams 'had less than the representative unit, viz.. 3.800, and Was placed in two representative districts, viz., Adams and Jay; Adams, Jay and Blackfcrd. In Parker vs. The State, it is said: " 'The three representative districts comresed respectively of the counties of Clinton. Tipton and Madison; the counties of Floyd. Harrison and Crawford, and the counties of Putnam, Clay and Montgomery cannot be sustained. Each of the counties of Tipton. Harrison and Putnam has less than the unk of representation, and each is given a separate Representative. They are not entitled to other consideration or representation. The formation of those districts was an attempt to do indirectly that which could not be done directly, viz., form districts of counties not contiguous. By the same process, if it were permissible, the county of Marion could be made contiguous; to the county of Vanderburg, and that, too, notwithstanding every county Intervening between the two has full representation. Counties fully represented cannot, in our opinion, be used for the purpose of joining counties which are not otherwise contiguous.' CRIMES AGAINST CONSTITUTION. "These crimes against the Constitution so often declared make the unconstitutionality of the law of 1885 self-apparent and call for but one judgment. 'The people have a right to know what law. if any, is in force. In Parker vs. The State, 133 Ind., 205, we read: 'If the relator has a right to a decision upon the constitutionality of the act of 1891, and if that act be adjudged void, then it is necessary to determine what one of the apportionment acts enacted since the adoption of the present Constitution. Is valid.' In People vs. Rice, (31 N. E., 921-932) several cases were tried together involving this subject. "In discussing these matters. Judge Peckham, now of the Supreme Court of the United States, said: 'The people are entitled to know what law they are. living under and where the apportionment is to be found which Is legal, and under which they could proceed to elect members. If the act of 1892 Is void, the act of 1879 is also plainly veld and no election of members of Assembly should be tolerated under it. This might relegate the peop'e to the act of 18GC and thus we might have an attempt at an election for members of Assembly under an act more than a quarter of a century old and the legislative representation of the people at that time. This would be a travesty upon the law and upon all idea of equality, proj riety and justice.' The Michigan Supreme Court said the same. 52 N. W 945. "The law of 1885 going down, the court should now say if there is any other apportionment law in force." , , Mr. Harris showed clearly that. If the act of 1835 Is declared unconstitutional, there will be no existing laws under which elections for the purpose of selecting members of the next General Assembly can be held. The laws of 1879, 1891, 1893 and 1895 have already been held Invalid by the Supreme Ccurt. while the act of 1885 Is now . being attacked. This act. he said, should be held veld and unconstitutional. AH enumerations made prior to 1879 are unconstitutional, and, as a consequence naturally following, the arpcrtlonment acts made upon the basis of such enumerations are also void. "It needs no more than a susscs-tlon to prove thW'," said Mr. Harris. "Under the State Constitution of 'every white male citizen over the age of twenty-one, etc. was entitled to vote. The Constitution then required the .enumeration every six years of the 'white male Inhabitants over twenty-one years of age. On March 30, 1870, the fifteenth amendment to the federal Constitution took effect. At this time the enumeration act of lfetJi was in force and stfll is on the statute, authorizing the enumeration only of 'white male Inhabitants.' 3 Burns. 6331. The adoption of the fifteenth amendment. Ipso facto, 'repealed the word white from the State Constitution in so far as It concerned voters. Neal vs. Delaware. 103 U. S., 370. At the setsion of 1S77, the Legislature, not feeling sure whether the fifteenth amendment struck the word white out of the enumeration clause of our State Constitution, passed a supplement act, requiring the enumeration to be also taken of the colored male inhabitants and returned at the same time and laid before the Legislature. 3 Burns. 6370 et seq. At the same session amendments were offered striking the word whHe out of the enumeration clause of the Constitution, which amendment was adopted March 14, JPSt. Act 1SS1 p. 29, fourth amendment. "Perhaps the fifteenth amendment. Ipso facto, struck the word white out of the enumeration clause. Cooley t;ys: 'It is uncutrdcrtd that thj Cfurnlh czz.z-zzi ti

se.f-executing to th! extent that all law, and u!l provision of State constitution which conflict with It, wrrr at one anrulJrd.' Constitutional law. Page 277. Harlan. J., says: 'The amrndmcni re rurerior to the rotate constitutions, which had io give nay to, and did o slve way to them, and were repealed as o all contliclag provisions.' Nral vs. Delaware, 1(4 U. in Parker vs. The State. 133 Ind.. lt)3. it is tald;- The purpose in requiring the enumer atlon ls to fix th number of voters In each county at the time the apportionment Is made In order that the legislature may form districts so as to secure to each ve.'cr as nearly as may be an equal voice with every other voter in the State in the lotion of Senators anl Representatives. Th cardinal principle of free, representative Rovrrnmrnt that the electors fhU have equal weight In exercising the right of suffrage, Is recognized and secure J. Representation accordlnsr to poulatlon Jw rxlm fixed toy these several provisions of our Constitution, and -the General Assembly has n more discretion. In our opinion, to disregard this rule than t has to disregard any othrr plain provision found in that instrument "It is elementary that the constitutionality of a law is to be determined by -the Constitution at the very time of the trial. Many laws in the various States were constitutional until the adoption of the fourteenth) and fifteenth amendments and thereby bccam Invalid. :ty law in force on March 14. 1881. which was In conflict with th amendments then adopted to our Constitution were thereby repealed. Ncal vs. Delaware. 103 U. S. WOULD DISFRANCHISE BLACKS. "It follows, thfit as all the apportionment laws not heretofore decided void and paused prior to 3885, wero based upon the partial enumeration excluding colored men and as any law now passed under the enumeration law censusing white oteri only would be invalid, it equally follows that those laws are likewise void. "I venture to say it was this knowledge W'hlch caused the court to close Its opinion In Denny vs. The State in these words: 'Consequently that act (18ST) is the last and perhaps the only expression of the legislative will upon the subject of apportionment, and under which Senators a tut Kepresentatlves may be chosen at the general election in 1S95, unless the Governor shall see fit to call a special session of the Legislature to pass a new apportionment law.' "The counsel who opened this case says you must not pass judgment on the law of 18S5. because it would leave no valid law In Its place. That Is. a court must not condemn an unconstitutional gerrymander unless there Is a valid law to fall back upon. If so. then courts have done no good heretofore and can do no good hereafter, for If the next-law passed is unconstitutional and bad, you could not set It aside, and so on, as to every other law afterwards passed. That Is. if you start with a bad law, the system can go on forever. "This court is asked by counsel not to pass on 'the constitutionality of the law of 18S5. saying it will raise 'surging billows of anarchy. No harm can be anticipated by declaring the act of ISS5 to be, as it is. unconstitutional, because the Constitution makes provision for the executive if the public welfare shall require it.' to call a special session. Art. 4, p. 9. He (the Governor) shall take car that the; laws b faithfully executed.' Art. 5. p. 16. The Constitution is a law. It also provides: 'Every person elected. or appointed to any office under this Constitution shall, before entering on the duties thereof, (1) take an oath or afiirmation to support the Constitution of this State, and (2) of the United State., and (2) also an oath of office.' The Constitution can only be tsupported by obeying ani enforcing it. -x "The same argument was answered by the Supreme Court of a sister State as follows: The 4sV.nsequences of this decision are not for us. It Is our duty to declare the law, to point out the Invasion of the Constitution and to forbid it.' In State, etc., vs. Wiiiteson (N. J.. 1S93) 28 At. 66. the court adopts the language of Chief Justice Fuller In SlcPherson vs. Blacker. 145 IT. S.. I. where th objection was made that the election of President was a political question to be exercised by politltad officers, ani therefore the court had no Jurisdiction to trv the constitutionality of an act of Michigan in that behalf. The Chief Justice saU: The question of the validity of this act as presented to us by the record. Is a Juliclal question, and we cannot decline the exercise of our Jurisdiction upon the inadmissible suggestion that action might be taken by political agencies tn disregard of the Judgment of the highest tribunal of the State, as revised by our own.' "The Governor, being requested, declined because he could not. assume the law of 1835 to be unconstitutional. It is unthinkable that any department of the State government will not do its duty to -uphold the government. Such a. suggestion Is inadmissible and I am sure tho court will not allow h as against Itself, or permit it as against the executive or legislative departments." MR. FORKNER'S ARGUMENT. Mr. Harris completed his argument a few minutes past 12m., and the court adjourned until 2 o'clock. ..M. E. Forkner made the closing argument for the appellee, and he was foil owed by John W. Kern, for the appellants. Mr. Forkner called the court's attention to the fact, that counsel for appellants had not attempted to show that the act of 1SS5 was constitutional, but had devoted) their time to asking the court not to so declare It unconstitutional because of the disastrous results and the condition of anarchy into which the State would be plunged If it were left without a law under which the General Assembly could be elected. 'They admit," said he, "that the case ia rightly before the court, but they argue that because evil results to the State may follow, the court should not declare the truth. If the court refuses to act upon such grounds. It will do what no court has done since th dawn of civilization. What right has this court to consider.anything outaide? The arguments made by these gentlemen are out of place, because they Intimate that the coordinate branch of this government will stultify Itself by falling to do its duty. I have no more fear that the executive branch of this Commonwealth will fall to do its duty than that the Judiciary will so fall. "They say that the act of 1885 la the only law upon the statute books. We maintain that It Is not a valid law. Will this court fall to declare the truth? If an enactment is upon the statute books that is not a valid law. it is your duty to so-declare-it. Thre is no striking down of law, which they fear: there is no law to strike down. 1 have heard no word uttered by the gentlemen on th other side which Indicates that they opposed the setting aside of the arts of 1831. 1833 a;id 1895. They are satisfied with the decision of this court In those Instances. Did your Honors fall to act then because there was no law which could stand? If this question Is to be raited at all. thf-n was the time when it should have been raised. We have a Governor a legislature and a judiciary. It is the very genius of cur Constitution that they should be perpetual, and each poser is to continuous without lapse. Before the Constitution there was the spirit hi the hearts cf the people that was greater than the Constitution, and which gave birth to the Constitution. It was the inborn right of fair representation. The failure cf the executive and judiciary of the State cannot take that right from the people. Take the provisions of enumeration arid apportionment; do thry take away any right? They are not destructive, but rceulatlvft. If I may use s.jh, an expression. They simply fix districts, lines and boundaries. Although this court may hold a law unconstitutional In bonds, yet when the people have jnet and ecte! their representatives under that law the body Is a de Jure body, and to tpeak of it as a de facto body Is a misapplication of terms. We have an executive. There is to be no conjecture that the Governor and the Itrilature will not cischarge their duties. The-e was never a time when this Sjate was In a better position to decide tht-se questions than now. Th argument that anarchy is to follow that la as are to be broken downIs the argument of a dyspeptic. I do not believe that the Governor will fall to do hit duty. He is too patriotic. Rut this is rot the time for the discussion of tht question. "I bf-lleve that this curf ould declare this law void and should dec.re the principles that shruid control the Legislature In making apportionments. The principle ar simple, and I believe that they souM receive Judicial expression. We believe tint an exprf-ssion should be made by this court, that would settle these questions once foall. Mr. Forkner then pointed out the pMniples which should govern the I-rlslatur In making apporHenmer.ts. and the features that should be avcided. "If theie prlminln ire given tbe weight cf ludicl.il mithorlty." he continued, "no lgilature will dare to m?ke an unfair anD-wtton-nt. 7;ifv ar nrnripls easHv defined rA easily declare. Whst the por.le want this court to decide 1 the Interpretation which Is to be placed uron the Constitution, ary th njte to 1 applied in rarnlnc cut its r indpV." Mr.. Fkner sail lh; it wa rractlen' nnd possible to esct fair anl tut apportionment laws In th 5fte. and that he hsd re doubt an exnrelcn from the cou-t U the rules which should rovrr the Legislature would carry w'th It great weight. JOHN W. KERN'S SPEECH. John W. Kern, in clolnf for the appellants, devoted most of the tine allotted f him In showing how the Governor could, hv exercising the discretionary power vestel In him by the Constitution, evade the duty of calling the Legislature together for the enactment of a new law. As such a-tion on the part of the ch'.ef executive wcull leave the State without an election law, so tir ti Crnatcra t"i r.ritrcr.titives cr; ccr::r-1.