The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-07-16


THERE'S little doubt we presume, from
the various rumors in circulation, that
the Senate Committee for the investiga
tienof Governor W rights charges against
IS ths New Bank Charter. have completed
their report. and concluded j. with a
Recommendation for the repeal Of the
.Hchsrtsr. In the mean time the question
- Of the regnlarities of the proceedings Of
th. Legislature in the passage Of the
oQmo Charter, is before the Judiciary in two
N different forms, in both of which cases
- there are conclusive indications that the
- ~ Courts will fully sustain the Charter. II
90 sustained by the Courts, an act Of repeal
= q BY the Legislature would be a nullity.
sa.ss II condemned by the Courts re -affir
nation of,he act Of Incorporation would
ibrai b also migratory: for the Legislature
,ss'0i1 could not restore that which the Courts
shall have pronounced unconstitutional.
: It seems therefore useless. and .unwise
for the committee to pronounce any
opinion on the subject, while the ques
ton is pending in the Courts. 1t serves
only TO perpetuate a useless anainjuri-
: Gus sgitaticn. that aggravstes the present
90 ~ pscuniary pressure. The Committee had
- 80 - better have waited till the Courts had
decided the question, or until a session
Of the Legislature had been called. and
their conclusions were demanded by the
BODY that appropriated them. -. 2
80 A We announced. in brio. yesterday.
Judge MIor. ofthe Marion Circuit Court.
On Monday. after very able AMI elabo-
rate argument on all the points against
- o. Che Bank. decided all the issues in favor
= = ; Of the Bank. The State Sentinel gives
: =, the following synopsis Of the case:
S = a. The suit had been pending for year: and
cd = ~ss in tho name Of 1.-THE State Of Indiana
&C. Hugh McCuliock, Jas. NJ. Ray. ct al. were
= = parties on information. in the name of The
? ue State against these gentlemen. a. President:
Cashier, and others interested N the Bank of
tho State Of Indiana, alleging that the charter
-s Under which they act was passed by the
Legislature against the provisions of the Con-
-7' stitution.. The question specially raised was
- whether the Journals Of the, Legislature show
that the act was constitutionaly passed. and
{, in addition to this the case presented in
various aspects. The defendants finally an
o. swered, stating facts as disclosed we under
stand accurately. by the journals of tie two
=, Houses Of the Legislature. to which the COM
= plant demurred. This brought MP the full
:. legal merits. The question was fully argued
some days ago by Judge Morrison for th:
us,g State, and Judges Smith. Mcdonald: and
Hugh O'Neal, Fsq.. for the Bank before
Judge Major. The learned Judge decided
f3ife The points at issue. in favor Of the Bank
s ,lv What course the State may take. we are not
+, 80 now advised: Her Counsel accepted to the
decision. Whether they will stand upon the
.a. demurrer. ,andr isk the Supreme Court. or
~ fepl,we cannossay, but. if we are not misin-
se'r formed. the whole question IA one OF law and
te't must ultimately he 80 decided
As the case now stands. the decision Of
Judge Major il in favor Of tie constitution
5.. ; atty Of the Bank charter. and all tho immu-
:. ~ ni.ies and privileges granted to it by the act
Transportation. fes