Indiana State Sentinel, Volume 33, Number 6, Indianapolis, Marion County, 9 March 1887 — Page 1

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XXXII l-NO. G. INDIANAPOLIS, WEDNESDAY, MARCH 9, 1887. WHOLE NO. 1,621.

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Tha enocial to the Fecple cf Indiana Spreal Upon the Senate JcurcaJ. A Beätal of the Plain Fi:ts cf the Legislative Straggle. A Dccnnert Which Should ta Ri tj Every Citizsn of the State. The Smith-Rotertecn Controversy Goni Over in Minntest Deiiil. Tie Length and Breadth, Height and Depth, of the Republican Conspiracy Revealed. A Cccplete Iiposure of the Repttlican Villainy Which Stopped Legislation. The ie3gher-D:ckers3n and XcDaaald-Bran-taman Zim Accurately Set Forth. The Democratic Position Shown to Have .Been Steadfastly on the Side of Law and Order. At last right's sesion of the Senate Mr. Fowler offered the following resolution which was adopted: Resolved, That the following memorial, as aa address to the peoole, is adopted by the Senate as being true, and that the same be spread at length upon the journal of the Senate. The following is the memorial, which recites the tacts of the most extraordinary legislative session ever known in the history of Indiana: The Memorial. On the 2d day of November la3t, a general election was held in Indiana tor the choice of certain ofticers of State and of members of the General Assembly. Within three days after the election was held tha result as to the Legislature became known, and the Indianapolis Journal published that the Republicans had seventy-four (71) members in the two booses, and the Democrats seventy-six (76) members therein, leaving the Democrats two majority upon a joint ballot. In this way it was acknowledged by the leading Republican newspaper cf the State, that the will of the people expressed under the form of law, had declared that some member of the Democratic party should be elected Senator of the United States to succeed the Republican then holding that position. This statement with respect to the number of the two parties in the Legislature, and the Democratic majority of two, was published day after day in the Indianapolis Journal, and the fact of the majority, of two, and the effect it would have upon the Senatorial election, were as well known to every voter in Indiana at that time as they are to-day. Nevertheless, within a few weeks before the meeting of the General Assembly, the Journal, giving tone to the Republican press and politicians of the State, asserted with the utmost confidence that General Harrison was to be reelected to the Senate of the United States notwithstanding there was a majority of two aeainst him in the Legislature; and Mr. Huston, a State Senator from the county of Fayette, Chairman of the Republican State Central Committee, repeatedly made the same declaration, and had interviews published in which he made the same statement. Nothing was said about how this result was to be accomplished. There were some intimations that Democratic members, one or two, might absent themselves or refuse to vote for the nominee of their caucus, or that the IndeEndent Labor members actually preferred arrison to any one else for the Senate; but this, as it will appear in the sequel, was a mere blind to conceal the real purpose which the conspirators, to defeat the popular will, had already formed and prepared for execution. How they proposed to accomplish their design was unknown until soon after the meeting of the General Assembly.; The General Assembly met pursuant to law on the Cth day of January, 1837. The House of Representatives was Republican by ten majority. Cornelius Meagher, a Democrat, had been elected Representative from the county of Vigo by an unquegtion majority of twenty-on votes, bach election had been regularly certified and returned, and he had taken his oath of office and had been assigned a seat in the House of Representatives. On the 14th day ot January, 18S7, four days before the first vote in the Senatorial election, the House, by a strict party vote, passed a resolution unseating Mr. Meagher, striking his name from the roll, and declaring that one Dickerson, his competitor who had been defeated by the people of that county, was the Representative from the ceunty of Vigo, and entitled to act and vote as such. This was done upon the 3imsy pretext that Mr. Meagher had been elected, some time before his election to the House, a Justice of the Peace, an office which had been abolished before his election to the Legislature, and none of the duties of which he had ever exercised. Aa soon as Dicxerson, the minority defeated candidate, was seated in place of Meagher, the plan began to develop, the plot thickened, the conspirators became bold and confident. It was announced, both publicly and privately, that General Harrison should certainly return to the feenate of the United States, and that the way to do it was to unseat enough Democrats in the House, by whatever methods, to destroy the Democratic majority of two 03 joint ballot, so as to give him at least seventy-six votes for United States Senator. This shows very clearly that the Republican House of Representatives thus made a breach and struck a fatal blow at the freedom of elections, deliberately setting aside the will of the people and lending themselves to the purpose of that dark, lawless clique and cabal which had conspired, at all hazards, regardless of law and regardless of right, to return their friend and favorite to the Senate of the United Etat. It became now very apparent, although plain people have not beere Lndestood it, tow thee plotters

might elect a United States Senator, although there was a Democratic majority of two in the General Assembly opposed to his return, and the mask being now thrown off and concealment no longer possible, they stated publicly and privately that their intention was to unseat a sufficient number of Democrats in the House to enable them to sncced in the Senatorial election. At the same time, Mr. Kercheval, Republican chairman of the Committee on Elections, in the House, to whom the contests in that branch had been referred, publicly declared that he had nineteen cases of contests before the committee, and when inquiry was made of him what evidence there was in support of such contests, he answered: "What's the use of hearing evidence when our minds are made up already as to the course we shall take in these cases." The Senate was Democratic by eleven majority. fc'orne weeks before the meeting of the General Assembly the election of William N. McDonald, a Senator declared to be elected from the counties of Jackson and Lawrence, had been regularly contested by his competitor, Frank Branaman, and testimony taken in support of the reasons filed, which reasons were bribery notorious, open and corrupt used by McDonald at said election. The crime of McDonald was one of peculiar infamy. The use by him of money for the purchase of votes was clearly shown so clearly that he himself has never publicly, either with or without oath, made any denial thereof, although he was specially invited by the committee to go upon the witness stand and make such denial. Upon this state of fictsand proof, the Senate of Indiana declared him unfit, incompetent for and not entitled to a seat in that body, and his acts of bribery having been shown to have been publicly known and notoriously bruited among all his constituency, both before the time of his election and at the time thereof, the Senate declared his competior, Frank Branaman, lawfully entitled to the seat, and Senator Branaman was sworn in and took his seat as a member of that body on the 17th of January, 1S7. This action ot the Senate in the McDonald case succeeded the action of the House in the Meagher case. The conspirators paused; they felt that they were taken by the throat; they came to the conclusion that it would not do any further to interfere with the members ef the House of Representatives as the people had chosen them. The two parties by this action were left in the same condition as at the commencement of the session, with a Democratic majority of two on joint ballot. When the Senate of Indiana met on the 'th day of January, ISS7. it had been publicly known for many months that General Mahlon D. Manson, who had been elected Lieutenant Governor of the State in November, 1884, had, in July, 1S6, accepted the appointment of the Collectorship of the Seventh District under the Government of the United States, and so had become incompetent to fill the office of Lieutenant Governor. In the absence of the Lieutenant Governor and his inability to discharge the duties of presiding over the Senate, the Senate was organized by the Hon. James H. Rice, Auditor of State, and by the Hon. Alonzo G. Smith, Senator from the Counties of Jackson and Jennings, who, at the request of the Auditor of State, occupied the Chair during the organization of the Senate, while that officer called the roll of the new Senators, who were sworn into office by one of the Juderesof the Supreme Court, whom the Auditor had also requested to attend for that purpose. The Senate then proceeded to the election of officers, and chose Webster Dixon as Principal Secretary, John D. Carter as Assistant Secietary, and Frank Pritchett as Doorkeeper, and also elected Hon. AIodzo G. Smith, one of their nnmber, President of the Senate in the absence of the Lieutenant-Governor. Both parties had, at the November election, 18'i, voted for their candidates for the office of Lieutenant-Governor, notwithstanding the fact that the Governor had not proclaimed a vacancy In said office, and made no appointment to fill the same. Many citizens of the State believed that no acancy existed and that no LieutenantGovernor could be elected at that time, among whom was President Smith of the Senate, who was, however, at all times willing to submit the question of his rights as President of the Senate to the Courts of the State, and had, in the first instance, before the meeting of the Legislature, instituted a suit against William R. Myers, Secretary of State, to enjoin him from delivering to the Speaker the returns of the election, which suit Mr. Smith prosecuted both in the Circuit and Sapreme Courts, but was beaten therein in both the courts, 3pon the ground that they had no jurisiction to determine the question or to grant the injunction prayed by him. Afterward Mr. Smith instituted another suit in the Marion Circuit Court, the object of which was to test the question as to whether the person who claimed to be elected Lieutenant-Governor at the November election, 18Si, was duly elected as such and could, therefore, preside oyer the Senate, or whether the Senate had the right to select its own President. Mr. Smith was then, under his election had on the Cth day of January, 1887, acting as President of the Senate, having been elected to said office by the Senate, and has ever since acted, and is now acting as such. Resides the principal suit Instituted to try the question of the title of the office of President of the Senate, Mr. Smith had apphed, in his case, for an injunction to prevent the person claiming to be elected Lieutenant-Governor, in November, 138G, from disturbing or interfering with him in the present discharge of his duties as President of the Senate. To this application for an injunction the pretended Lieutenant-Governor made but one defense, and that was that he lived in Alien County, and could not be sued in Marion County. Hon. A. C. Ayers, Judge of the Marion Circuit Court, after full hearing and argument, decided against this defense; that there waa no lawful election holden for Lieutenant-Governor in November, 183;, and granted an injunction against the claimant of that office to prevent any disturbance by him of President Smith in the discharge of his duties as such. This injunction was issued and in force on the day before the two houses met in joint convention, and it became a question between the two houses as to how the joint convention should be held. The House claimed that the pretended LieutenantGovernor should preside over it; the Senate claimed that it should be presided over by the President of the Senate, the highest legislative officer actually present. Under these circumstances an agreement was made, by way of compromise, substantially providing that the joint convention, when its session was held, should be called to order by the President of the Senate; that the I 'resident of the Senate should direct the call of the roll of the Senate in voting; that the Speaker of the House Khou id direct the call of the members of ihe House in voting; that the proceedings of the joint convention otherwise should be conducted by the Speaker; that the result of the vote should be announced by the President of the Senate; that the joint convention should.be adjourned by the Speaker; that this agreement should be in force until a United States, yen a tor '

was elected; and the joint convention of the two houses was held each day when in session, under the terms of this agreement, from the lWh day of January until the 2nd day of February, on which day David Turpie was elected Senator of the United States, and the Joint Convention then adjourned sine die. In the meantime the pretended Lieutenant Governor had appealed the case in which he had been beaten upon the application for an injuction before the Judge of the Marion Circuit Court, to the Supreme Court of Indiana, and the case was there pending. The court, after fall agreement and advisement, decided that the suit was improperly brought into Marion County, and should have been brought in Allen County, where the claimant of the office of Lieutenant Governor resided. This decision was rendered on the 23d day of February, 1887. The Judges also delivered separate opinions, two of the Supreme Court, Howk and Mitchell, deciding that so election lcr Lieutenant Governor could Lave teen holden lawfully in November, 1S8G; three of the Judges holding that tie court had no junstiction of the rubject-matter of the suit; one of the Judges, Niblack, deciding expressly that the Senate had the right, as between two adverse claimants, to determine for itself who should be its presiding officer. This opinion, and these opinions, were hurriedly certified to and distributed at large by the Clerk of the Supreme Court, who was a Republican, among members of the Legislature. The House of Representative, on the direction of its Republican Speaker, Mr. Sayre, took up and made a special order of what he might have called, "This Message from the Supreme Court." It was made the special order. And before any of the! very lengthy and learned opinions could have been at all studied or considered, the Republican majority tin the House passed without debate, and under the previous question, the following resolution: " Ref olved, by the House of Representatives, That until the House shall be officially informed that Robert S. Robertson is in the actual and peaceable discharge of the duties of his office as such presiding efficer, the House of Representatives must regard the Senate as illegally and unconstitutionally organized. And no official communication can be had with them in order to the due preservation of the just rights and responsibilities of this General Assemblv." This resolution was passed, notwithstanding the fact that there was nothing In either of the opinions to support the claims cf the pietended Lieutenant Governor, three of the Judges in fact, the Hon. Alexander C. Ayres, Circuit Court Judge, and Judges Howk and Mitchell, of the Supreme Court, had decided that he was utterly without right. No Judge of any court at any time had givn the least opinion in support of his title. Yet the House, over the protest of the Democratic members thereof, by this summary, inconsiderate and wholly unparliamentary action, cut itself oil from communication with the Senate, obstructed legislation and prevented the discharge of tublic business for the remainder of the session. The fact is, they deliberately established themselves and declared themselves to be an insurgent body, an insurrectionary mob no longer Laving intercourse with any co-ordinate branch of the Government. The next day after the passage of this resolution by the House, the pretended claimant of the office of Lieutenant-Governor having taken means clandestinely to assemble a large number of thugs, bullies and bruisers for the occasion, under the auspices of tbe Republican conspirators, against the law, peace and dignity of this Commonwealth, entered the Senate Chamber and made an attempt to take the chair of the President and to address the Senate upon what he called "his claims." The aiob outside, meanwhile, being engaged, urged and encouraged by Republican State tlicers and other leaders to force an entrance into the hall of the Senate to compel the President thereof to abandon his rightful authority and position. At the same time, Republican members of the Senate with few exceptions, were employed in aiding and abetting Robertson in his attempt by force to seize the duties of the chair, and in countenancing and encouraging the the gang of ruffians on the outside in their attempts to break into the Senate C hamber. These attempts failed. The claimant was expelled from the Senate Chamber, the mob was repulsed, and the Senate, after great risk, danger and hazard, was restored to order and quiet, with President Smith in the chair. The pretended Lieutenant-Governor was not struck at all. The only person who received a blow in the melee was an old Union soidier,an old member of the Legislature, Senator McDonald, from Allen, and Whitley, who, with great dignity, refused then and there to resent it, and told the Republican Senator who had struck him that that was not a proper place to settle difficulties between gentlemen. This scene ot disgraceful violence offered to the members and officers of the Senate of Indiana was the direct result, the outgrowth of that Republican conspiracy which had resolved, at all hazards, and in disregard of every law, to obtain control of tbe legislative bodies. There was nothing in the opinion of the Supreme Court to justify it or cause this base-born insurrection against authority. That opinion had determined nothing against the rights of Smith as Presidsnt of the Senate, and had added not a jot or tittle to the value of the worthless pretentions of the terson who claimed to be Lieutenant-

1 Governor. The question rested, at the time this scandalous gang of miscreants attacked the Senate Chamber, just where it did at the very commencement of the Bession. One party claimed that there had been a lawful election in 1S8G; the other claimed that there waa none. Republicans claimed that the spurious Lieutenant-Governor had been inducted into office; the other claimed that his pretended induction was a fraud, supported by an undeniable forgery, to which the Speaker of the House had given the sanction of his name, in stating that the Senate and House had met for the purpose of canvassing the votes for Lieutenant-Governor, when, in fact and in truth, he knew, and every person else knew, who was present at the time, or at all attempted to ascertain what the facts were, that only nineteen Senators had attended that meetirg, and that tbe Senate had refused and absolutely declined to attend any euch meeting, the Senate having adjudged, as it had the right to do, that there had been no election of Lieutenant-Governor, and that there were no votes to be counted. In this the actlcn of the Senate was supported by the unbroken precedent in Indiana, and by usage in all the other States, which have such an officer as Lieutenant-Governor; for in none of inch States is there ever a vacancy in such office filed by popular election. Also, by the usage of the Federal Government ever since Its organization in the case of Vice-President, a vacancy which is never filled by popular election, but always by succession by the President of tbe Senate. As now, Senator Sherman, of Uhio, is succeeding VicePresident Hendricks. When it became known to the Senate and to the Democratic members of the House that the majority of the House had, by its resolution of secession, expelled itself, aa far wjti own action could do it.

from any further participation in legislation, by its refusal to recognize the Senate as a co-ordinate branch of the Government, every efiort was made to have the factious majority in the House leave faction and attend to the public business of the State. The Senate went on in regular order and parsed the following bills: Senate bill No. 27. To protect political purity, and authorize the holding of primary elections. Senate bill No. 20. An act to regulato mining of coal and manner of weighing same. tf Senate bill No. 58. An act prohibiting County Auditors lrom drawing warrants on County Treasurers in violation of law. Senate bill No. 172. An act to prohibit children under the age ef fourteen years in mining coal or other minerals, manufacturing Bteel or iron. Senate bill No. 2S6. An act authorising the contracting of a loan by tbe State to meet casual deficits in the revenue and to pay interest on the State debt, so as to provide funds to complete the various State build irgs now in process of construction, and thus avoid the necessity of discharging the large number of employes engaged thereon. Sanate bill No. 324. An act to provide for the government and discipline of the State Prison North and the State Prison South by one Board of Directors; and determining the officers and directors of the State Prieon South. Senate bill No. 337. An act making appropriations for the State Government and its institutions for the fiscal year commencing November 1, 18SG, and ending October 31, 1S88. Senate bill No. 2o5; An act making annual appropriations for the State Government s.cd its institutions for the fiscal year beginning November 1, 1887, and ending October 31, 1888, and each year thereafter, beginning on the 1st day of November and ending the 21st day of October of each j ear; directing the application of such appropriations, requiring accounts to be kept of the same, and other matters connected therewith. Senate bill No. 134. An act authorizing the issue of graduated drainage bonds by the Board of Commissioners for the payment of assessments in drainage. An act amending the Mechanics Lien law. An act to prevent the unjust garnishment of tbe wages of laboring men. An act to appoint a Live Stock Sanitary Commissioner to prevent the spread of pleuro-pntumonia and other contagious and infectious diseases among the live stocx of tbe State. Senate concurrent resolution No. 2. A joint resolution proposing an amendment to tection 2 of article C of a constitution providing that all county officers shall hold their term for four years and be ineligible for re-election in any term of eight years. 1 hese bills and the joint resolution, together with many others needed by the people, required by the public welfare, were passed by the Senate and transmitted in due course, under the rules of the two hecses, to the House of Representatives, which was duly notified of their having been passed; but the House of Representatives, in pursuance of their resolution of obstruction, and deliberately persisting in their determination to defeat and destroy all further legislative action refused to receive such bills, or to take any notice of the Senate message declaring that they had passed, and the same were returned to the Senate, and yet remain upon ta files. These bills were passed by the vote of the Democratic members of the Senate, and by the further record thereof, showing that Republican members of the Senate were present during the time the vote was taken opon tbe passage and refused to vote; for tee Republican members of the Senate, after the passage of the House resolution of obstruction to legislation, conceived themselves to be bound by the action of their co-conspirators in the House, and declined to vote on any of these measures. They occupied their seats after the 25th of February the same as they had done before. They maintained very strict quiet and order. They sat In silence like deafmutes. Several 6f them, however, drew their pay by virtue of vouchers signed by President Sa:ith, an officer whose authority they otherwise declined to recogniza. In so doing these Senators did recognize him in the most positive manner as President of the Senate; and as these vouchers were presented to Bruce Carr, the Republican Auditor of State, and warrants drawn by him upon them, he recognized Smith's authority; and as the Treasurer of State paid such warrants, he recognized Smith's authority. The Speaker of the House, after the 20th day of February, still continued the consideration of Senate bills upon his files certified to be passed by the signature of Smith as President of the Senate, and the Speaker of the House, together with the insurrectionary majority and revolutionary mob which had pretended to usurp the functions of legislation, if they recognized nothmg else, they recognized Smith's authority as President öf the Senate in considering the bills which had been transmitted to them verified by his signature. One of the measures passed by both Houses, coming into the hands of the Speaker after the 25th of February, was tbat appropriating a sum of money $200,OCO for the erection of a soldiers' monument by the State ot Indiana. To this bill Speaker Sayre attached his signature, and afterward procured the spurious pretender to the office of Lieutenant-Governor to attach his signature thereto, and then transmi tted the bill to the Governor for his action. The Governor, declining to recognize the signature of the pretended Lieutenant-Governor, directed its erasure and asked that the bill be signed by Smith as President of the Senate, which being done the Governor promptly approved the Bame and filed it into the office of the Secretary of State, and sent the following message to the House of Representatives: Executive Department, Indianapoijs, March 3, 1SS7. The Honorable, the Speaker of the House ot Kepresentatlves: Senate bill No. 3, entitled "an act to provide for the erection of a State soldiers' and bailors' Monument, or Memorial Hall combined, according to the discretion of the Trustees in this act provided for, and declaring an emergency," aud slpned "Warren G. Sayre, Speaker of the House of Representatives;" "R. S. Robertson, Lieutenant Governor," was presented to me by the 11 on se of Representatives for my approval. Tbe bin es not conform to the requirements of section A article 4, of the Constitution, which provides that "all bill and joint resolution! passed shall be signed bv the presiding ofticers of the respective Houses,' and its presentation in that form is also in violation of the joint rules adopted by both Houses ot the present General Assembly, which reads as follows: Rule 2. After a bill or joint resolution shall have passed both Houses it shall be duly enrolled on paper, and the Clerk of the House where It originated shall indorse upon the back thereof tbe House In which It originated, under nich he shall place his signature. Rnle 4. Every bill or joint resolution reported to have been duly enrolled ahall be signed by the Speaker ot the House of Representatives, who shall send the same to the Senate, then by the President of the Senate, after which it shall be prevented by the Joint Committee of Enrolled Bills to the Governor for his approbation and signature; and the (aid committee shall report to their respective Houses the day of their presentation, 'which report shall be entered upon the journals ol each House. Rule 5. All bills and joint resolutions shall be signed by the Speaker of the House of Representatives and the President of the Senate, in their Houses respectively, when in session, wnich shall be carefully noted on the journals of each House. The bill was not indorsed or signed by the Secretary of the Senate inwblch the bill originated, was never kcnt to the lunate, as required

by the joint rules, for the signature of the presiding oilicei thereof, and was not signed by the presiding oflicer of the Senate, as required by the Constitution, and did not purport to be siened by the presiding officer of the Senate. Ti e constitutional provision which provides tbat all bills and joint resolutions passed shall be signed by the presiding oUicers of the respective Houses does not mean some person who is claiming to be legally entitled to preside, and who is not presiding, but in my judgment means the cflicer or person who is actually presiding and discharging the duties of the position. Ihere might be two members of the House each claiming to have been legally electei Speaker, and in that case the Executive wouli undoubtedly have to reccnLte the signature of the member who was actually presiding, and whom the House recognized as Its presiding cflicer. mg It is not the province of the Executive to decide who is entitled to preside in either House. The Executive possesses no such power.or authority. When the Executive is notified br each House of the General Assembly that it is duly organized, ready to receive communications and transact business, the Executive must recognize the organization so reported, and has no right to recognize another. The ergrnization reported to me by a committee from each House on the 6th day of January, 1SS7. has remained unchanged np to the present time, and has been recognized by each House in the rassage through each Houge of eighteen bills, which were signed by the present presiding officers of each House and approved by me, among which are the bills appropriating S126,0C0 for paying the mileage and per diem of the members and other expanses of the present General Assembly; for the reorganization and maintenance of the Soldiers and Sailors' Orphans' Home; for the payment of certain employes every two weeks, and authorizirg certain cities to issue bonds. Tbe present organization of the Senate has been further recognized by the passage by the House during each day's seasiua of the present week of a number of Senato bills and other measures. The members of each houso have, from the organization of the General Assembly, drawn their mileage and per diem upon certificates 6igned by the present presiding officer of their respective houses. If 1 had approved the bill in the form lu which it was presented to me by the House, there certainly would have been no question as to its invalidity. No court could possibly hold that it was signed by the presiding orticer of each home when the entire record of the Senate ihows that Alonzo G. Smith, and no one else, is the presiding officer ot the Senate. lean not sanction a proceeding which would inevitably prevent the bill from becoming a law, and believirg that the soldiers and sailors of Indiana and the people generally desire the legal passage of the bill providing for the erection of a soldiers and sailors' monument, I have caused the bill to be transmitted to the Senate, and it has been returned to me for approval signed by the presiding officer and Secretary of the Senate. 1 have approved the bill and caused the same to be depohited in the oiiice of the Secretary of State. (Signed) Isaac P. Gray, Governor. It being thus shown that three Judges of the courts, that the Governor, the Auditor of State, the Treasurer of State, Mr. Speaker Sayre and every member of the House of Representatives had recognized Mr. Smith as President of the Senate, both befcre and after the 25th day of February, it remains for the Republican plotters in this conspiracy to give some reason why they organized and lead at the front, on the 2Hh day of February, an attrocious and utterly lawless attack upon the Government of the State, an attempt by force to revolutionize the Government, and to prevent by violence one of tho branches of tbe law-making power from proceeding in the peaceable, quiet, orderly discharge of its duties as such. And it would be well enough to recollect, also, that this attack upon the Senate was made in the interest of a claimant who had never, at any time, resorted to the courts to assert his rights or saiiCtion hl2 authority ; one who had constantly refused and de'clined to submit the question of bis claims to the judgment of the courts, and had taken refuge in the fact merely that he was a resident of Allen County and that the courts of the capital of the State could not hold him to answer for his attempted acts of arbitrary usurpation. Notwithstanding all this, after the passage of the resolution of obstruction by the insurgent faction, which constituted the majority of the House, the Democrats of the House and Senate made every effort and left nothing undone to adjust in some peaceable manner, upon the merits, the question at issue between the two parties. Mr. Jewett introduced a resolution offering to disregard every other question in the case and to submit it alone upon the right of the claimant under the election in lfedG to discharge tbe duties of the office of the Prepident of the Senate: "Whereas, At the general election held November 4, 1SS1, Mahlon D. Manson was elected Lieutenant-Governor of this State and afterward qualified and discharged the duties of such office; and Whereas, Prior to the last general election, November 2, 1S8G, said Mahlon D. Nanson had ceased to be Lieutenant-Governor of this State; and Whereas, At the general election. November 2, 18SG, the electors of Indiana voted for candidates for the office of Lieutenant-Governor, and Robert S. Robertson, a citizen of this State and eligible to said office, received the highest number of votes for said office, and has been declared elected tkereto by the Speaker of the House of Representatives, and has taken the oath of office as LieutenantGovernor; and Whereas, The Senate of Indiana denies the right of said Robertson to act as Lieutenant-Governor and to preside over the Senate, which refusal arises out ot a claim by the Senate that at the last general election no vacancy existed in the office ot Lieutenant-Governor which could be filled at such election; and Whereas, The question as to whether there was or was not a vacancy in the office of Lieutenant-Governor that could be filled at the last election threatens to seriously endanger the welfave and credit of the State, and to hinder and prevent legislation at the present session of General Assembly; therefore, Re it resolved by the House of Representatives, the Senate concurring: 1. Tbat it is the sense of this General Assembly that such question as to the ripht of said Robert 8. Robertson to such office should be determined at the earliest day possible by the Supreme Court. 2. That in order to secure a decision thereon a case should at once be made up which will fairly present such question, and the same be forwarded with all possible dispatch, to a final decision. 3. That such case should limit the decision of the Supreme Court to the single question as to whether there was, at the lat general election, any vacancy In the office of Lieutenant-Governor yhich could be filled at such election, and that all question as to the manner of canvassing the vote and declaring the result should be waived or admitted in favor of said Robertson. This resolution waa received with jeers and absolutely rejected by the insurrectionists who held seats in the House. In the other branch, Senator Bailey, a Democrat, introduced a resolution offering to leave the question to the Supreme Court Judges as arbitrators, and to abide by their decision. Whereas, Tbe Honorable Alexander C. Ayers, Judge of the Marion Circuit Court, has decided that no election could be lawfully held for Lieutenant-Governor of the State In November, 18 SO; and Whereas, Two of the Judges ot the Sapreme Court, the only members thereof delivering opinions upon the question, have decided the same point the same way; and Whereas, No joint convention of the two houses has ever been held at which the votes for LieutenanvCovernor, eya If

lawlul, could be counted, canvassed, or the result thereof declared; and Whereas, No joint assembly of the two houses has ever been held which could take any cognizance of a contest of the election for Lieutenant-Governor, even if there had been an election held; and, Whereas, No court or judge has, at any time, expressed the opinion that an election for Lieutenant-Governor was la wf ally holden in November, 18S0, and the pretentions of any person to such office are, therefore, unfounded and unsupported by any judicial opinion whatever; and, Whereas, One of the Judges of the Sapreme Court, Hon. William E. Niblack, construing the Constitution of the State upon this subject, has said '"The controversy is one over which the courts have no jurisdiction, and over which no court can exercise the slightest control ; and that the Senate has the unquestioned right to determine who is entitled to act as its presiding officer. (Section 10, article 1 of the Constitution.) Where there is a contest as to which of two persons is entitled to preside over the Senate, the question becomes one Which the Senate must decide;" and, WThereas, Heretofore, on the Cth day of January, 1S87, the Senate did elect to the Presidency thereof Hon. Alonzo G. Smith, now acting as President of the Senate in the f.l'sence of the Lieutenant-Governor of the State chosen at the general election, 1831; and. Whereas, No Lieutenant-Governor could have been or has been elected since that time, orfcan be elected until 1888; and, Whereas, The majority of the Senate has been, and is now, willing to submit the question of the election for LieutenantGovernor held in November, 18S;, directly or indirectly, to the Sapreme Court, and abide by their decision as arbitrators, if not as judges; and, Whereas, The President of this body has twice attempted, unsuccessfully, to have the same question determined, and no decision has been made against his rights as President of the Senate; therefore, Be it resolved, That the majority of tbe Senate are willing to submit to the Supreme Court as arbitrators the question of the legality of tbe election held for Lieutenant-Governor in 18si; and. Resolved further. That the Senate is and has been organized with the said Alonzo G. Smith as President, constitutionally, regularly and lawfully; and that we proceed in the speediest manner possible to enact legislation needed for tbe interests and welfare of the State, In order that we may be ready, having performed all our duties as legislators, for adjournment at the end of sixty-one days period of the regular session. This resolution was introduced and adopted, but no notice of it was taken by those who ruled in the councils of the conspirators. At the same time the Senate, by two separate resolutions, acquainted the House with its willingness and readiness to take up, consider and pass the necessary appropriation bills and other measures pending, so much required and needed for the welfare of the people of this Commonwealth; but by order of the Speaker of the House, the doors of that branch were shut In the faces of the Senate messengers, and the resolutions were returned unread, unnoticed to the branch of the Legislature in which they had originated. Mr. Speaker Sayre, as the instrument and organ of the cloud of conspirators in ambush behind him, has become most prominent in this disgraceful attempt to retard and obstruct the legitimate business of the session. To this end he has repeatedly violated every known principle of Parliamentary law and usage, refusing a call of the House at its opening each day, as has been made since its first assemblage, although often moved for. He has refused a call of the ayes and noes when regularly asked for and seconded. He has refused to entertain appeals on matters of vital importance when respectfully asked and seconded, and when the House was regularly organized in open session. He has put questions to a vote while the members of the House were on the floor discussing them. He ha3 refused to allow bills and other papers to be read in full, even when requested. He Baa given his consent to an enormous and unnecessary increase of employes of the House, and to extravagant allowances of their payment. Yet, Mr. Speaker Sayre and his employes, his petty parasites, down to the veriest spittoon-cleaner, are drawing their pay to-day under an appropriation bill attested by "Mr. Smith as President of the Senate. The Constitution of Indiana provides that no money shall be drawn from the Treasury except by appropriation made by law. Which is worse in Mr. Speaker Sayre and his confederates, that they should roD the State Treasury by abstracting money therefrom contrary to law, or that he should decline to recive aad sign Senate bills transmitted to him attested in the same manner, in the regular course of legislative business9 To the ignominy of one of there two alternatives, alike shameful and dishonorable, his own act commit him. But the most remarkable effect of Mr. Speaker Sayre's conduct has not been felt in the House, which he dishonors by his presence still more by his presidency but in the Senate, altogether outside of his tyranical jurisdiction. When he announced tbe passage of the revolutionary resolution of obstruction by the House, eighteen Republican members of the Senate were stricken speechless. This appalling misfortune has heretofore fallen upon certain offenders in miraculous token of the divine displeasure, as npon John the Baptrst's father for his unbelief. It is something new, very strange, that in our time it has been inflicted by a single stroke of the gavel in the hands of a mere mortal. The day is not far distant when the voice and the power of the people of Indiana will cast these dumb demons forth. Their places will be filled by gentlemen clothed in their right minds, ready and willing to do their duty as members of the Senate. None of these attempts at a peaceable aad leagle settlement of the issue between the two houses has met the approval of Mr. Speaker Sayre or the claimant of the office of Lieutenat-Governor. All of them have been thoroughly disregarded, and this thing shows and proves that these insurrectionists, their aiders and abetters, both in the Legislature and out of it, never desired any lawful or peaceiul an judication of their rights, but from the beginning had constantly intended, by force or fraud, to subvert the lawful authority ol one ot the legislative departments of the State Government. One of the most determined and earnest eflbrta to advance the business of the Bession was made by Senator Barrett, of Allen County, immediately after tha passage of the resolution of obstruction by the House, who offered for adoption Uie following Senate concurrent resolution, No. 13: "Whereas, The session of this General Assembly is drawing to a close; and, "Whereas, The State-house Commissioners have ordered a suspension of work upon the new State-house, thereby discharging a large force of employes on account of ihe failure of the necessary appropriations to continue the work, and wnich failure will entail upon the State the expense of the Btate houie Commissioners for two years ionger than necessary to complete the work if such appropriations were made; and, Whereas. It is highly important that the needful legislation be had making proTision fox the erection and maintenance of

the Soldiers' and Sailors' Orphans' Home, for the completion of the hospitals for the insane and the State-house, for the erection of the asylum for the feeble-minded children so that they may be separated from the soldiers' orphans, for providing means to divert the current ana extraordinary expenses of the State for the mainter;nce of the educational Institutions; lor the building of the Soldiers' Monument; and, Whereas, The prompt passage of these necessary measures will avoid the necessity of an extra session, thereby saving many thousands of dollars to the taxpayers of the State; therefore, "Be it resolved by the Senate, and House of Representatives concurring herein, that the measures above named shall receive immediate consideration in both the Senate and the House of Representatives, and be promptly passed." In reference to another measure, one of the most important bills passed the Senate, heretofore alluded to, Senator Trippet, on the 25th day of February. 18S7, Introduced the following Senate resolution. No. 83: "Whereas, On the 24 th day of February, 1S87, the Senate passed Senate Bill, No. 27, being an act to maintain political purity; and, Whereas, Webster Dixon. Secretary of the Senate, acting in his official capacity, did make out and convey the following message to the House of Represenativ - ' -wit: "lam directed to inform the Ho use that the Senate has passed Engrossed Senate Bill, No. 27, a bill for an act to maintain political purity; and the same is hereby transmitted to the House. Webster Dixon, Secretajy of the Senate;" and, Whereas, The doorkeeper of the House of Representatives refused said Dixon, as aforesaid admittance to the House, under the direction of the Speaker of said House; the said Secretary of the Senate was also informed that the House of Representatives would not have any further communication with this Senate; therefore. Be it Resolved, That the Senate learns with regret of the discourteous action of the House of Represenatives, and it submits tbat said action of said House is unprecedened.un parliamentary and unconstitutional; that it is obstructing needful legislation ; detrimental to the interest of the people and revolutionary in its tendency." The Esce obstructive course was taken ia reference to the bill of Mr. Foster, of Madison, a Democratic member of the House, having for its object the graced reduction of the fees and salaries of county officers, under the constitutional amendadopted a few years ago for that purpose. This bill was introduced, adopted and considered in the House, and passed to the Speaker; and the Clerk, under the direction cf the Speaker, wholly refused to transmit the same to the Senate for its consideration, and the measure so much needed by the people in consequence toally failed. The Senate Concurrent Resolution No. 13, above referred to, was considered and passed in the Senate and transmitted with an accorr panying message to the House on the 2Sth day of February, 1SS7; but the person in charge of the Senate message was refused admittance to the House, and was informed by the subordinate that he met at the door that he waa acting under the instructions of the Speaker and the House in making such refusal. This was a wanton act of unauthorized power on the part of the House, wholly unparliamentary, and unprecedented in the history of legislative procedure in Indiana or elsewhere. It was a ruthless violation not only of the rules of the two Houses, but of the laws of ordinary decency and propriety governing official intercourse between the two branches of the same Legislative Assembly. This act did not proceed upon the theory that the House of Representatives would dictate to the Senate Its presiding officer, which would be a position sufficiently absurd and untenable, but this act proceeded upon the theory that the House of Representatives could judge righjly of who should be the presiding officer ef tb Senate, and in what manner the messages of the Senate should be transmitted to thef House a propostion still more unreasonable. The Senate would have as much constitutional authority to dictate to the Housejwho should be the Speaker thereof, andghow its messages should be sent to the other branch as the House hsd in this instance to instruct the refusal of such mes sages. Other bills of great Im porta nee failed to become laws on account of beitg unable to verify them, not having any record evidence to do so. The proceeding on the part of the Speaker was wholly irregular and unparliamentary. Another act of unparalleled arbitrary conduct of the Republican House was its adjournment at 10 o'clock a. m. on Saturday, tbe last day on wnich bills might have been passed, nntil 11 a. m. Monday. That was done for the purpose of preventing the Governor communicating with the House and also to prevent the possible passage of the Loan and Appropriation bills. In the whole history of the State no such action has ever before taken place. Tbe result of this Interference by one body with the organization and officers of the other would be absolute anarchy and misrule. As deplorable as this condition is, it is one which has been forced upon the people of the State by the action of the Republican factionists in tbe General Assembly. They have undertaken unlawfully to seat their pretended LieutenantGovernor. We have resisted their attempt. We have offered, at all times, lawfully t adjudicate the question. If evil result from the insurrectionary course of these Republican conspirators we wash our hands of it. Our constituencies shall judge between us. It will certainly be found, upon an examination of the conduct, acts and facts in 'the history of this legislative session, that the somewhat helpless and unfortunate condition in which public affairs of the Commonwealth are left at our adjournment, is due and due only to the factious obstruction of necessary legislation by the Republican majority in the House of Representatives, and it will also be certainly discovered that the prinefpal motive for their official malfeasance and misfeasance and disregard for constitutional duty was the desire upon their part to be revenged upon the majority in the General Assembly for their disappointment in failing to elect their candidate for Senator of the United States. We have by our actioa carried into effect the will of the people, supported and defended the Constitution of the State against the assaults of revolutionary violence, and in so doing the per maneat interests of this Commonwealth have been faithfully maintained and secured. ISMVN IL FOWLEK, Senator from Clay and Owen : Oscar A. Tkippet, Senator from Dubois and Perry; J. M. Barrett, Senator from Allen; S. E. Urmstox, Senator from Ripley, Franklin and Union ; Charles L. Jewitt, Representative from Floyd ; Charles Kelliso, Representative from Marshall ; John R. Gordon, Representative from Putnam ; W. H. Shambacgh, . rprc?eatatiYCfraAll

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