Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-05-16
Judge Finch Reverscs his own De.
cision-A Que Proceeding

A few days ago the President of the Sinking
FUND.- large amount Of the bonds Of the State
being held by the Fund-appealed to Judge
Finch. of the Marion Circuit Court. for man
date directing the Auditor of State to- issue
warrant for the payment of the July interest on
the State debt. The learned Judge decided the
interest mus, be paid. and that the Auditor must
issue his warrant therefor. The Attorney Gen
eral demurred to the complaint filed for the man
date, which demurrer was overruled by the Court
and the judgment rendered them. Upon this
judgment appeal taken, certified rec
ord ef the proceedings in the Marion Circuit
Cour: was fled with the Clerk of the Supreme
Court two DAYS ago. Yesterday Judge
FIScs with full knowledge of the
filing Of the record of his own court with the
court of last resort. reversed his decision. lie
ordered the record OF his own court TO be changed
after il had been certified to the court of appeal,
without any motion from the agrieved party. He
at first decided that the Auditor must issue hi,
warrant for the ayment Of the July interest upon
the public debt, and then he changed front and
decided that the Auditor had authority to Is
change of opinion. He changes front com
pleiely. He goes from one extreme to the
other Learned. consistent. upright and firm
is Judge FINCH. First, acting upon the con
viction of his judgment or the demands of
his party friends, he puts his opinion upon the
record that the interest must be promptly paid
Suddenly Re has new light upon the subject
The conversion OF PAUL was not more remark
able: but we know not whose light broke upon
The vision of Judge FNcH This change of base
BY Judge FINCH makes difference. however
II does not prevent an appeal to the Supreme
Court for its decision upon the case at issue
Judge Finch now saws after two days consulta
ton with the Governor. that the Auditor of State
has no authority 10 issue his warrant upon the
Treasury for the payment of the July interest
From this decision the President OF the Sinking
Fund appeals. Upon this record the case goes to
the Supreme Court for review. What will the
profession think of such strange proceedingf
The people will not be able TO appreciate the
honor. OF the intelligence of court which
thus rever~es its opinion They come T. no
Other conclusion than this sudden reversal OF
Judgment was TO accom- modate partisan schemes
party purposes and crafty these notions OF His
Excellency. This case must now come fully be
fore the Supreme Count for hearing In the
FIRST place there is an appeal from the decision of
Judge FlScH that The Auditor must issue his
warrant TO psy the State debt interest due the
Ist of July next and then there Is another appeal
from tive decfsion Of the same Judge FINCH that
the Auditor of State has no authority in law to
ssre such warrant Ii seems that Judge FlNoH
is determined that his ruling shall be affirmed "
the Supreme Court. but whether for or against
shs payment of the interest we are unable to di
vine The buckwheat opinions of Judge FISoH
would puzzle even Philadelphia lawyer.