The state election in 1870 resulted in a victory for the Democratic and Conservative party, but there was a persistent effort to deprive that party of the fruits of victory. There was instituted on behalf of the incumbent governor and treasurer a proceeding in the chancery court to enjoin the presiding officer of the senate from counting the votes for candidates for those two offices. The legislature met November 20, and the law required that the vote be counted, with the two houses assembled jointly, within the first week. In the proceedings instituted, Governor Smith alleged irregularity in the election. The judge of the circuit court refused to grant an injunction, on the ground that the legislature could not be enjoined by a court. It was then filed with a supreme court judge. It prayed that the presiding officer of the senate be restrained from counting the vote until the legislature could provide rules by which the proposed contest should be tried. Judge Saffold, as chancellor, granted the injunction. Lieutenant-Governor Applegate was dead, and Barr, an Ohio man, was presiding. The injunction was served on Barr, and he very cheerfully obeyed it. There are some interesting facts in relation to this senate. The radical constitution gerrymandered the senatorial districts, in some instances apportioning a senator to a single county; in others, a senator to a group of three or four counties, with nearly threefold greater population. The constitution provided that representatives in the legislature should be elected for two years, and senators for four years; that one-half of the seats of senators first elected (in 1868) should be declared vacant at the end of two years, thus providing for continuation of a certain number. In accordance with this provision, at the session in November the question whether the senators should draw for the long and short terms was discussed; nobody wished to vacate his seat, and by hocus-pocus they reached the conclusion that all should hold over. Consequently, one-half of them sat four years and the others for six. This procedure contributed much to the complication of affairs. This senate connived at the attempt to prevent the count of returns.