384 



INDIANA. 



but the statute evidently makes the choice of 

 the Senate nothing more than a President of 

 that body, and it even presupposes that there 

 is an actual Lieutenant-Governor who is per- 

 forming the other duties of his office. These 

 and other legal questions involved in the case 

 were submitted to the Supreme Court of the 

 State previous to the meeting of the Legisla- 

 ture, but the judges refused to assume juris- 

 diction. The decision of the dispute had a 

 bearing upon the senatorial contest by reason 

 of the fact that the Lieutenant-Governor, as 

 ex-officio President of the Senate, had a right 

 to participate in its deliberations, to vote on all 

 subjects in Committee of the Whole, and to 

 cast a deciding vote in case of a tie at all times. 

 If the election was legal, the Senate, a Demo- 

 cratic body, would have a Republican presid- 

 ing officer; if invalid, it would elect a Demo- 

 crat for President. Whether he should be a 

 Republican or a Democrat was important in a 

 closely -divided Legislature like the present 

 one. The Senate was supposed to contain 18 

 Republicans and 32 Democrats, the House 56 

 Republicans and 44 Democrats, making on 

 joint ballot 74 Republicans and 76 Democrats. 

 When the Legislature met, the Democrats pro- 

 ceeded to assert their claims by organizing the 

 Senate. Alonzo G. Smith took possession of 

 the chair, called the Senate to order, and reso- 

 lutions were passed declaring himself the act- 

 ing Lieutenant-Governor. It was then voted 

 that, as no vacancy existed in that office, the 

 Senate would not attend the joint session for 

 the purpose of declaring the vote in the No- 

 vember election. Nevertheless, the House, 

 controlled by the Republicans, proceeded at 

 the appointed time and in the presence of the 

 Republican members of the Senate, to canvass 

 the votes and to declare Col. Robertson elected. 

 The latter then made a formal demand upon 

 the Senate for possession of the chair by virtue 

 of his office; but this was refused, and Mr. 

 Smith applied to the Circuit Court for an in- 

 junction to restrain Robertson from perform- 

 ing any acts as Lieutenant-Governor. After a 

 hearing the application was granted, and the 

 Republicans at once appealed to the Supreme 

 Court of the State. Meanwhile a Democratic 

 caucus had nominated David Turpie as its 

 candidate for United States Senator, while the 

 Republicans renominated Senator Harrison. 

 Neither of these candidates was acceptable to 

 those members of the House who had been 

 elected as special representatives of the Knights 

 of Labor, and they decided to support an in- 

 dependent candidate, Jonas M. Allen. Three 

 votes were thereby drawn from the Republi- 

 cans and one from the Democrats, making the 

 probable vote in a joint session 75 for Turpie, 

 71 for Harrison, and 4 for Allen. The num- 

 ber of votes required for an election was 76. 

 At this point the Republicans of the House 

 voted to unseat a Democratic member named 

 Meagher, on the ground that, being a justice 

 of the peace, he was ineligible under the Con- 



stitution, and admitted a Republican in his 

 place. The Democrats of the Senate retaliated 

 by unseating a Republican senator, McDonald, 

 and substituting a Democrat. On January 18 

 the first ballot was taken by each branch sepa- 

 rately, 31 senators voting for Turpie and 18 

 for Harrison; 43 members of the House voting 

 for Turpie, 53 for Harrison, and 4 for Allen. 

 The law requires that after this ballot joint 

 sessions shall be held, presided over by the 

 President of the Senate ; but the House re- 

 fused to recognize any one but Robertson as 

 President, and the Senate declined to enter 

 any convention over which he should preside. 

 A compromise was effected by which the 

 joint convention should be presided over by 

 both Smith and the Speaker of the House, the 

 latter retaining the gavel but allowing Smith 

 to call the assembly to order, neither House 

 surrendering its claims. Each side also pro- 

 tested against a large number of votes of its op- 

 ponents. Fifteen ballots were taken under 

 this agreement, resulting substantially in 75 

 for Turpie, 71 for Harrison, and 4 for Allen. 

 On the 16th ballot, Robinson, the Democratic 

 Knight of Labor, who had hitherto voted for 

 Allen, cast his ballot for Turpie, giving him the 

 requisite 76 votes, while Harrison obtained 74, 

 the three other supporters of Allen having 

 changed to Harrison. The Speaker of the 

 House announced no choice, Mr. Smith de- 

 clared Turpie elected, and the joint session 

 closed amid confusion. The questions at issue 

 were thus left for the U. S. Senate to decide. 



About three weeks after the so-called joint 

 session ended, the Supreme Court rendered its 

 decision, dissolving the injunction of the Cir- 

 cuit Court, on the ground that it had no juris- 

 diction of the case, and that the controversy 

 could only be settled by the Legislature itself. 

 Supported by this decision, Col. Robertson, on 

 February 24, entered the Senate chamber and 

 attempted to take possession of the chair. Mr. 

 Smith ordered the door keeper to remove him 

 from the chamber, and he was ejected amid 

 great excitement and confusion. Although 

 making several attempts subsequently, he was 

 not again allowed to enter the Senate chamber. 

 The House then refused to recognize the Sen- 

 ate, and the Republican Senators refused to act 

 with their colleagues. In this state of affairs 

 the session expired by limitation March 7. 



Later in the year, when Col. Robertson at- 

 tempted to exercise another prerogative of n 

 Lieutenant- Governor b,y taking part in the work 

 of the Board of Equalization, the contest was 

 still further prolonged by the Democrats enter- 

 ing a protest, through Gov. Gray, the only 

 Democratic member of the board, against Rob- 

 ertson's action in such a capacity. No decision 

 of the conflicting claims of Smith and Robert- 

 son was arrived at before the close.of the year. 



The legislation of the session was extremely 

 meager, only thirty-eight acts being passed. 

 One of the most valuable was an act establish- 

 ing a School for Feeble-Minded Youth at Fort 



