Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-04-05
For The Daily Sentinel.
Appointment of Attorney General.

appointment OF Attorney General.
GENTLEMEN Ia my foimer article, l con-
slider that it was plainly demonstrated, that at
the time of the appointment by the Governor,
the power of appointment was not rested in
the General Assembly" did not however
so far fiatter myself as to imagine that every
one would admit the conclusiveness of the
nor do | anticipate any such result
from anything | may say on the subject. But
with your permission will offer an additional
suggestion.
Every fair intendment should be accorded
in favor of an act OF the Legislature, so that
il NAV be carried into effect A statute should
be so construed a. to make it operative
whenever that can be done without violence
to plain language and where it is suscepti-
bic of two or more interpretations, that one
should be adopted that would carry ont the
intention of the Legislature. The fairest and
most rational method of interpreting the will
of the legislator is by explaining has inteil-
tioas at the time he Lato i00s passed. What then
did the Legislature intend when they passed
the law for the appointment of Attorney Gen
eral ? What else than that the State should
have such an officer, and with the least posi-
bic delay? The first and the last sections of
the act incontestibly prove this.
The frst.sssiislaspsesissess' That there shall
b< elected by joint ballot of both houses of
the present General Assembly, an Attorney
General for the State Of Indiana, for and
during the term of two years from and after
his election" The 9Th section declares that
as it is contemplated by the provisions OF this
act to elect an Attorney General, at the present
session of the General Assembly, an emergen-
cy for the immediate taking effect of this act
is hereby declared to exist, and the same
shall be in force from and after its passage
The law wss thus put in force from its
passage. The office was thereby created.
The General Assembly had not elected, but
had adjourned. There was Vacancy
there was no incumbent; the office was
empty.
The Governor being bound by his oath of
Office to "take care that the laws be faithfully
executed would have been faithless to the
high trust reposed in him, to permit the va
cancy to exist for any longer period than
would be necessary to fill it.
The intention of the Legislature in passing
the law cannot be mistaken. 1t was plainly
to have an Attorney General, immediately.
That was the subject. The mode of the ap-
pointment was pointed out in the law, but
that was minor branch of the subject, and
it was not acted on by the Legislature; and the
omission has been supplied, for the time be-
ing, by the constitutional medium-the Ex-
ecutive.
One method of discovering the design of a
law, and so determining its true meaning, is
by considering ats effects and consequences.
am not prepared to show all these, because
the duties of the Attorney General are woven
into several of the laws of the session, and
they have not been published By the new
General School law, which has been printed
the Attorney General is made member o
the Board Of Education; and as it is not provi
ded that any number less than the whole car
act, his presence would be indispensable a
any and every meeting, to make their act,
valid. And there are other laws involving
important public and private interests, Will
the execution Of which he has to do. Hi
general duties are pointed out in the law ere
ating the Office. These are, to prosecute anC
defend all suits that may be instituted by o
| against the State of Indiana, the prosecution
of which is not already provided by law
whenever notified ten days of the pendenc,
thereof, by the clerk of the court in whicl
such suits are pending, and whenever requires
by the Governor or a majority of the officer
of State, in writing, to be furnished him with
in reasonable time for the purpose therei
contemplated He is also bound, when re
quired by any officer of State, to furnish hin
a written opinion touching any matter of la,
concerning the official duties of such office
and to either branch of the General Assem-
bly,, when requested, &c.
To myself, personally, the matter is OF bu
small moment, but the principle is one of n
trifing magnitude, involving the questio
whether or not the wheels of govemmer
shall be clogged, or allowed to revolve in tn
sphere prescribed by the law and by the col
stitution.
The embodiment of the strict consts4,cto
: school, the Indiana Journal, broke groun
against the appointment, by elaborately al
leanedly proving that a rGcdncy existed in Il
office the moment the law was passed al
S approved, thereby demonstrating that the v
e cancy did not happen or occur in the rece
E of the General Assembly. Now, it has r
versed its adjudicated point, and holds tn
there nerer ioas a Uaouacy. The argument nc
e is, that there was and is no office because the
n was no officer elected to fill it. In 9th
: words, that the officer creates the office. II
two contradictory positions assumed by &
VI ItlnlllU lie Vi DdillDOS uotDi
< barrel shotgun. His young master not bel
, a very successful shot, Sambo urged upon hi
the necessity Of procuring a double-barr
assuring him that there was nothing eqr
d to that; for says the sable logician, ''mas
: if one don't hit, tother's sure to miss"
: The criticism of my first article, on t
u words present General Assembly," in I
first section of the act, is utterly pointless;
, cause the last section of the act gives CO
10 struction to the first, which is the very &C
la struction given by myself. The last sect
d asserts that "as it is contemplated by he p
e, visions Of this act, to elect an Attorney Gei
: raj at the present session of the General Asse
10 bly" &C. Now where is there provis
le in the act, except in the first section that c'
ID templated an election by the General Asse
. bly,? No where. BY the recital of their
tention Tor ntemnlatiOn0 tn elect the ,eOiS