"COBNER" ON FALL AND WINTER UNDERWEAR for Ladies, Gents, and Children, in every style, quality and price. We carry the best selected line of under we-.r in Nothern Indiana and at prices that can.t be beat. soning or statement of fact. They are sent out by those in charge of Cass county democracy and are presumably considered valuable campaign documents. It is a disgrace to any man to be found implicated in giving such circulars publicity and to any party to be guilty of giving them existence. Good government must. be supported by the intelligent voters of this country or it will cease. p. S.—We keep a full line of famous South Bend underwear. th DAILY JOURNAL U evoi-y day in the week (except Monday TUE LOSANSFOKT JOCBNAL CO. S>w .Anircxu. - - - - H-K VO y-,*? Monlh. 50 JJTICIAL PAPER or TIJE CITY. fRntered us second-class matter nt tbo Loi;an sport. Post-oClco i'ebruary, 8th., TUESDAY MORNING, OCT. 4. HOW TO VOTE. Stamp m This Square. For President, BENJAMIN HABBISON OF IMBIAXA. For Vice President, WHITELAW REID For Congress WILLIAM JOHNSTON. DEMOCRATIC circulars have been sent to the members of labor organizations in this city attacking Whitelaw Reid. Mr. Reid while he paid union wages bad a difficulty with the Typographical Union which resulted in his making his paper a union office. His opponent fought the miners union and discharged all union miners, and his coal mine to-day is non-union. All the argument from the labor standpoint is in favor of Mr. Reid and the less the Democratic papers say about the subject the better for them. DEMOCTATIC papers are now announcing that Judge Gresham will vote for Cleveland. Judge Gresham wlien interviewed stood upon his judicial dignity and declined to talk politics and so the democratic papers have nothing from the Judge upon which to base their claim. It is not likely that Judge Gresham will sacrifice his principles on account of his personal disappointment and the story probably has no foundation whatever. THE national Democratic platform promises free trade that the citizens of the United States may be compelled ;o buy manufactured products in urope. It promises as currency to buy these products with Wildcat'State money that has little OP no purchasing nower outside of the State where it is ssued. It could not have devised a letter double action promoter of rui f it had tried a month. J> EM&tfdvrit' Highest of all in Leavening power.- THE STATJE1TICKET. Kor Gov^rcor—1IU J. CEASE, of Hendricks county. Lieutenant-governor—THEODORE SHOCKM5Y, 01 Randolph. Secretary ov Suite—AARON JONES, o£ St. Joseph. Auditor of Sttte-JOHNW. COONS, ot Marion. Treasurer til" suite—F. J. SCHOLZ, of Yander- bnrs. Attorner-Gor.orai—J.D. FERHALL, ol Lngrange. Supreme Court Reporter—GEORGE P.HAYWOOD of Tlppecanoe. BqperlntPiKkm of Public Instruction—JASIES HHENRY, ol .Morgan. Bt6te Stiittcian-SIMEON J. TB01IPSON, Ol Shelby. Jcrtee of The Supreme Conrt—Second District, JOHN I). LITLLER: Third. BYRON K. ELLIOTT; Fifth. BOBERT W. M'BRIDE. Appellate Jwlces—First District, A. G-. GAVINS, of Gr?«n: Second, C. S. BAKER. «J Bartholoomew: Third, JAMES B, BLACK, of Marion: jronrth, M. S. ROBINSON, of Madison; KDSARC. CRUHPACKER, of Porter, THE once formidable Democratic arty of Cass county is now in the ontrol of Dr. Banta and Dan Baldwin. The Pharos, the party organ, dances o their music and but for Chairmen lannawalt and Six there would be no estage of the party. And b3 T the •ay Chairman Six is also an ex-republican. It must be pretty lonesome for genuine democrats. THIRTY-TWO YEARS IN POWER. Republicans Vs. I>enio<;i PROTECTION is legislation against nations which are our rivals in the commercial world. It may be selfish for a business man to look out for himself and to get the best of his rival but it is also the wisest thing for him to do for his rival is in the same business. THE COUNTY TICKET. Joint llei>rcsontatlve..Miirvln I*. Lane KeprCNi'Utntlve _\Vo!don Webster Prosecutor Charlen JE. Bale Sylvester H. Crnjrau .Rodney Strain Coroner Fred Bismarck AfcueNKor „. A. A. CooJC. •urvcyor Andrew B, Irvln Commissioner „. A. Jf. Morrow I. Nt Crawford Instructions to Voters. There are- two tickets. The State and National candidates are on one and the County on the other. Stamp both tickets. To veto :i straight ticket stamp anywhere in tho square surrounding the •eagle at the head of each ticket. -To vote a mixed ticket siamp the ••quare at the left of each candidate you wish to vote for and do not stamp In tbe square, at tho head of the ticket. If you s'.re a democrat but want the republican county ticket elected, stamp your rooster on the National State ticket and the eagle on the county ticket. The Journal says "that the Pharos has been trying to make the voters believe that a 20 cent levy would run the county." The Pharos has been doing nothing- of the kind. It has never claimed that a 2O cent levy -would run the county.— Daily Pharos Sept. 21,1892. HOWEVER much it may be maligned and misrepresented the Kepublican policy of America for those who wish to be Americans and of supremacy over the other nations of the earth is the correct policy . for the people of these United States. COUNTY taxes will be 90 per cent higher next year. The levy was increased by tbe Board of Commissioners at their September term. Farmers should make arrangements to raise more crops next year. BEX, Baldwin and Banta are now in control of Cuss county democracy. THERE is a great many kind of mules such as the government mule, the street car mule, the army mule, and the spinning jenny. Will Judge Baldwin state which kind he thought Democrats were in 1SSO? IN 1SSO Judge Baldwin called Democrats "mules." Now he has himself ^become a kicker. THOSE who advocate good government should not be discouraged by the assaults of the enemy. Such attacks are made every campaign, and as a usual thing make Kepublican votes. THERE nre a great many sincere loyal but mistaken citizens in the Democratic party who should be excepted from Judge Baldwin's general designation of Democrats as "mules. 1 ' THE men who adopted the Demo- •cratio-platform are the men who dictate Democratic laws. The country should, not be deceived by the attempt " to run Grover Cleveland as a protectionist on a free trade platform. DEMOCRATS are mules according to Judge Baldwin in 18SO. Possibly he expects to ride into office on the back of tho party. Tariff Pictures. Superintendent Preston's report of Increased banfc deposits In ^>ew York has been followed bj- a report of the New Jarsey Commissioners of Banking and Insurance. Tbe amount due de posltors in Xew Jersey's sa-rtags bank increases from §29,091^03 In January, 1SS9, to $33.807,634 - THE Journal has been handed ' numerous circulars containing appeals 1w ignorance ana seeking to arouse discontent, Sorne of them are Anarchistic in their teachings and none of them contain the first attempt at rea- In January, ISC, :mfl tbe from to number of depositors 109,752 IWBg! 131,739 In tae same Uine. New Jersey's working people are prospering ana saving money under ITcKin- ley protection. Will tbey vote to overthrow that protection? -Why should they? Xew York Press- emocracy and tho Ke- sult. Closing with the administration of President Buchanan, in I860, the Democratic party was thirty-two years in power in tho United States, and the Republican party is now closing its thirty- second year in management of National affairs. Under the long scries of years of Democracy, slavery had fastened its fanss almost fatally upon tho Xation. Deraandine its extension iDto free territory, tho lonfr struggle culminated in I860 in open \var because it was defeated by tbe people and in the. throes of the Southern rebellion tho Republican party came into nower. It is not tho war to which we desire briefly to call attention, but rather the titter incapacity of the Democratic-party to-manage public affairs. Tho present statesmen of that parti are wont to call the porino botwoBn !S">0 and 1300 the l--golden era" of the country. They say it was the best tho country over saw. And it was a comparative freo trade, period, too. But among the last messages to Congress during this period, President 'Buchanan declared that great industrial 'depression prevailed all over the nation, that the fires in the furnaces had gone out, the looms and spindles stood still, and that idle wage workers by the thousands were begging for broad. History records tho fact that in order to obtain funds to run the Government the Nation negotiated loans and paid 12 per cent, interest for money. It was during this same period of Democratic business debauchery that the infamous tree bank system and the awful financial condition prevailed—this same system which they resolved in their national platform st Chicaso to restore, By removing the tax barrier that now keeps it down. The reader who can remember back to 1S50 to 1S60, knows how disastrous this wild-cat banking system was. How in a day or an hour after selling his produce, or his labor, the stuff called bank bills, became almost worthless. And this was the "prolden era'' of the country they tell us. Certainly it was the end of the Democratic party for thirty-two years. Then began Republican administration. A wise tariff law was passed in ISCl, ;ind a protective tariff has stood upon the national statute book ever since. Under this American system aud policy the Nation has increased in wealth, prosperity, and development ten fold more than during a like period of Democratic ascendency. A financial and banking system has been established that is as secure as the everlasting hills and our bank paper passes current in every part of the country. Whereas the Democratic party closed its thirty- two years borrowing money at 12 per cent, under Republican management our credit is so good that we float our national paper at 2 to 3 per cent, and are rapidly wiping out the debt left by The Democratic rebellion. "Golden era" indeed was 1350 to I860! But not in the minci of a.ny man who has a memory of that time. Toutt^rsuch a declaration should blister the lips of him whospftaks so falsely. It is the prayer of those who remember the disastrous times of that free trade era, that the Republican policy is but entering upon another thirty-two year- period. law or isyi ana tno lav,- oi isss are ru- pngnant to the constitution, for tho reason Kbat In neither case was the apportionment made "According to the number of male inhabitants above twenty-one years of age in each county.-" In support of this contention, the following uiv some of the facts apparent from an examination of tho complaint: Taking the act of 1S91, and tho enumeration on which It is based, the number, or unit, sufficient for senatorial representation is 11,020, and for a Representative, 3,510. This act makes a senatorial district of the counties of Grant and Madison, JUKI cives them one Senator to represent !.">,- 7SO male inhabitants above twenty-oiii: yflars of age, and (rives tc LaportoCounty alone one Senator, with only d.Sll. H difference of 0,900. To Kosciusko HIM Wabash, ono >vith 14,442; to Purke and Vermillion, one with S.752: difference', 5,090. To Delaware and Randolph. ono with 14,385. To Davioss and .Martin, one,' with 8,756; difference, .1,033. To Vigo one, with 13,317; to Clark and J,;;'. forson, one, with S,GS3; iiifiorance, 4.0:):. To Adams, Jay and Blackford onn, with i 13,027. To Warren and Fountain one. , with #,173: difference, 4,Sf>4. To Put- i uain and Montgomery one, with 13,4-04. j To Cass one, with S,449;. difference, 5,045. I To Boone aud Hamilton one, with 13,IU. To Dubois and Perry one, with S,4S3: difference, 4,631. To St. Joseph and Starke one, with 12,795. To Newton, Jasper and Bentou one, with 3,1(37; difference, 4,628. To Miami and Howard one, with 12,793. To Lagrange and Steuben one, with 8,155; difference, 4,036. Here are eighteen Senatorial districts, made up of thirty-five counties; nine of them contain in the aggregate 123,150 male inhabitants over the acre of twenty- one years, and the other nine 70,429. Or, 70,4-29 electors in nine districts have the same voice in the State Senate as 123,150 in nine others. Nine have an average of 22 per cent, less than the unit, and the other nine an average of 23 per cent, more than the unit, and in no Instance is there any provision made for the excess, which aggregates 23,934. The county of Brown, with 2,332, is placed in two senatorial districts, and the voice of its few electors thus made potential in the election of two Senators. So, also, is the county of Clark. Tnrnins to the apportionment for Representative?. It appears that Henry County, with 0,441), or 030 more than the unit, has one Representative, while Owen County, with 3.744, or 1,700 less than the unit, has one. The 3,744 electors in Owen County have the same representative voice and strength as 0,440 electors in Henry County. That Delaware County, with 7.13S. h:is one,' and Pike. 4,2i;o, has one; a difference of 2,572. Randolph County, with 7,2.11), has one. and Washington, with 4.321, one: a difference of 2,!>2D. Grants with her 7,770, is put upon an equality -vith Steuben, withonlv4,020:difference. 3.750; Wabasb, with G.92G. and Fulton, with 4,263; Hunt- ingtor,, with 7.2.14. and Lcsraage, with 4,33.1: Boone, with 7,OSS. and Perry, with 4,152. In none of these instances does it appear that any attempt has been made to provide representation-for the excess, or adjust of distribute it in any manner. Wayne County,has 10,070, and is given one Representative, an excess of 4,500. This excess is joined to Fs.yet.te. with 3,512, making 3,072. and leavinz a still unrepreSented fraction in Wayne of 2,562, or more than one^foarlh of its entire voting population. Lawrence County has 4,502. not quite enough to entitle it to a representativei"bi'il there are twelve counties each with i less number given a.-representative each, and Lawrence is Latest U. S. Gov't Report fl 9 ABSOLUTELY PURE PUL into a district vritn urange u.sai; and a fraction of Dabols (1,576), making within 4SO of the unit Deduct this 480 from Lawrence, and the result, is that It leaves it with 4,322 unrepresented, more than nine-tenths of all its male inhabitants above twenty-one yoars of aso: or, if Lawrence is siven its entire Strength, and a sufficient number counted from Dubois to make up the unit, this leaves SCS from DUDOIS and the entire voting population of Orantre County un- represented; or if the pro raw, representation is counted iu each it leaves SS3 in Dubois. and 44 per cent, oi all the electors in both Orange and Lawrence without representation. Jay County has 5,325, or 31S more than the unit", but is not clvou a representative, li Is put into a, district with Adams, with 4,702, leaving 0,077 of an excess to be carried to Blackford. with 2,440 to form another district. Aftur Blackford is raised to the required unit there yc; remain 1,507 of Jay County's electors unrepresented; or adding an equal number from Jav and Adams, v,o Blaekford, sufficient to mako the required number for the district of BlacKford, Jay and Adams, and carrying the surplus to the district of Jay aud Adams, there will yet remain 2,717 electors unrepresented, nearly 26 per cent of fcheir entire number in both counties. Cass and Miami counties arc each given a Representative, and are also Riven a Representative jointly, althoucth their excess falls 1,450 short of the unit. There are twenty-eight counties, each having less than the unit, to which separate Representatives are Riven, and to which additional representation is Riven iu some instances by r .p!aoiiiK them in districts with other counties. There are fifteen counties, each having more than tho unit, which are given one Representative each, with no representation whatever for their excess. In the twenty-eight counti^ the deficiency represented B.K- cregai..- 20,336, while iu the fifteen counties the excess unrepresented Is 17,126. Six counties, viz.: Tipton, Harrison, Putnam, Riplcy, Franklin and Sullivan, neither of which has tho number ••'mere can DC no legislative ais- cretion under the Constitution to give a county of less population than another a greater representation. Such action would be arbitrary and carprl- cious, aud against tho vital |principlo of equality in our Government,and it is not intended or permitted by the Constitution. There can be found no excuse for it."—jMorse, Chief Justice, in Michigan case.] The provision of tho Constitution. is a guarantee to tho citizens of the State of a just and equitable representation in the law-making body, aud a prohibition against unjust discriminations- or infringements upon tho rights of the citizens so guaranteed, fie is entitled to have this right protected aud preserved, and » law which violates it can not stand. The very first sectlonjof tho Constitution of Indiana provides; "All elections shall he free aud equal." How can an election be equal with an unequal and unfair apportionment? The apportionment laws in question are oithar in consonance with the provision of the Constitution, or are in violation of it. This court, to sustain tliom, must decide that by these acts tho Senators and Representatives In the General Assembly have boon apportioned amons tho several counties "according to the number of male inhabitants above twenty-one, years of age in each." To do so would be to affirm that which is manifestly untrue; to give judicial sanction to a plain violation of the Constitution; to lend Judicial aid to the disfran- chisomcnt-of tho citizen: put inequality above equality in representation; to ratify injustice and encourage an abuse of legislative power. My conviction is clear and strong that those acts are palpably repugnant to the Constitution, ?aud iii violation of both Its letter and spirit, and ought not to stand. Tho demurrer is therefore overruled. Mr. Clex - cln.n<l In » Now Koll. The utter panic into which Mr. Cjpvo-. and has been driven by tho facts of the equal to the unit, after being given a markets, in lower prices under the 51c- Representative alor •, are each placed iu another represents...ve district, and as sist in the election, jointly of six more Representatives. Rlpley has 4,873, Franklin 4,601; neither equal to tho unit. • Each is given a Representative. Thin is certainly all they arc equitably entitled to, but, without any surplus they are joined together and put ,into a district with Union, which has but 1,970, or 3,534 less than the unit. These are some of the facts shown by tho complaint in reference to the apportionment made by the act of 1S01. The same or similar conditions are shown to exist under the law of 1SS3. Where the constitutionality of a legislative act is in question it is well settled thatit is the duty of the coiirt to sustain tbe law, if possible, and in case of doubt the doubt should be given in favor of the law. The judiciary should declare a law unconstitutional when it is so, and then only. (7 Ind., page 335.) The act is 'not to be declared invalid unless it be clearly and plainly in conflict with the 'Constitution, (34 Ind., 1S5, and cases cited: SI Ind., 327; 102 Ind., 319, etc.) On the other hand, where it is clear that a law violates a command of the Constitution, no higher duty can oe vosted^Ia courts than to so declare. Justice Blackford, in Dawson vs. Shaver, •! Elk., 205, says: "The task is delicate and unpleasant, but the duty of the Court is imperative, and its authority is unquestionable to declare any part of a statue null and void that expressly contravenes the provision of the Constitution to which the Lcgls lature itself owes Its existence." A rule ol constitutional construction 's that the words employed are to be given theii natural sense and meanine. The language of the Constitution in reference to apportionment, in its plain and ordinary signification, means equality of representation proportionately am&ag the several counties; that the electo.'S c-f each county shall have tbe same proportionate representation as :he electors .:: every other county; that 'lie vote of each citi r.cn and his representative voice, :-lial! be equal to that of every other citi/tn as nearly as practicable. The county is evidently intended to be the unit of division, aud the unit of reprp-scntlon, where practicable, and the meaning is that each count? having a sufficient number of inhabitants, "shall have its own representation in the Legislature, chosen by its own electors, and not a divided representation with some other county, except for its excess. This provision of t.'ie Constitution is a mandatory instruction to tbe lesislaMve body, and not merely advisory or directory. Of course exact equality is not expected or required, and is perhaps not possible, but substantial equality of apportionment is required, wherever possible, and nothing less thau this will fulfill the constitutional command. Apportionment Is the power granted, and not disfranchisement. The Constitution does not require an impracticable or impossible thing, hut it has certainly not been demonstrated that such an apportionment as tbe Constitution requires is either • impracticable or impossible. Kir.ley tariff, and the better wages to hiiior as shown by Mr. Carlisle and the T'^cli report, Is shown by his utterances id blf letter of acceptance last week. In his Rhode Island speech a mouth or so ;iro.l:c was a pronounced freetrader. His f.nrty ilcleat there and elsewhere since, :m 1 the market proofs of the wisdom :»;n: popularity of ibo McKinley law.havo iiindfi him coo like a dove. Really his luM'ji 1 of accuptauce Is nothing more iiiiin a. plea in avoidance. He lots tho Cliimi-ijo national platform alone. Ho avoids It. like It was death. It Is tbe first timp. in :,hc history of the country that a i.'iMiilldMin falls to refer to his platform. Ho i;;i;)v.-:- that death to bis party lurks there, :iru! In: shambles to deceive. THE GERRYMANDER. rl I legislative ApporT" imcnts of 1SS5 ISO! Declared Caconstliiitioniii. | Following is an abstractor the opinion j of Judge Eugene H. Enndy of the Henry | Circuit Court in the gerrymander suit: i The comolaiat- charges that both the ^ taking JIv. ISJit'.ne'N Loiter. While traveling and observing labor conditions in Europe, Hon. JAMES G. BLAI.VK wrote a letter home containing the following words: "Wcroit pos6ibl3 (or every votor of tte Republic 10 soo for himself the condition and re-, compenno of labor in Euroi>o, the party cf Free Trade in Lho United States u»uW not receive the support o/ one waye-wor'ncr between tho two oceans. It may DOC be directly in our power to elevate tbo European laborer, but It trill bo a lusting Btigum upon our statesmanship U wo permit tho American laborer to be forced 10 tbe European level." AKUSEMEKTS. D OLAJfS OPEBA HOUSE. EDWIN STUAET, MAKAGEB. A Night of Fun TUESDflY OCT. Tbe roaring Farce Comedy which mafie Such a pronounced lilt here last season, entitled the "TWO OLD CRONIES" Introducing the eminent and popular comedians. JOHJT SILLS, The KlnKOfLangh Makers. MOXTIE COLLISS, The Side Splitting merry ranker And a select company of C031ED1ASS, S1XGEIJS and DASCEBS. 1 50 Laughs In As Many Minutes 150 The Wildest Fun Prevails. One Continuous Roar of. Mirth. Admission entire gallery 25c, Parquet 50c Dress Circle 75c. D OPEEA HOUSE. EDWIX STCABT, MANAGEE. dsed in Millions of Homes—40 Years the Standard, ONE PERFORMANCE ONLY. THURSDAY, OCTOBER 6, 1892. America's Character Soubret SADIE HASSON, Assisted by tfas Great Doroling—Hasson organization j A Kentucky Girl. j See the Novel Stage Setting. • A Saw-mill in full operation, j An|_Elevated Draw-Bridge. ' An Exciliog'Eace for Life on • ' i An Actual Working- Hand-car | And a Railroad Velocipede. ' Admission, Circle 7Sc; Parauet sbc; Entire : Gal'errSc.
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