They convinced Lieutenant Governor Mahlon Manson to resign from office, thereby removing anyone to easily take over the governorship should Gray have to resign. They used the issue to prevent his name from being entered as a candidate. Gray decided to have a Lieutenant Governor elected in the mid-term election to fill the seat, removing the issue, and allowing him to resign and accept the candidacy. The election was held and Republican Robert S. Robertson was elected. The Democrats in the Senate refused to accept the election, and declared it unconstitutional and elected Democrat Alonzo Green Smith to serve as Lieutenant Governor. The Senate Republicans were furious and began making a commotion in the opening prayer of the session. They went ahead and had Robertson sworn in but the Democrats filed a court suit to prevent him from being seated.