Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-03-07


% issue the warrant.
The complaint aud other papers were prepared.
and we proceeded to the Court House. Judge
FIsca vas engaged 10 trying cause. spoke
to him Of the trouble growing out Of the interest
question. and the Importance Of an early decis-
son By the courts ! also informed him that Mr
Hall had complniat prepared presenting the
question; that desired to demur 70 il; that nv
demurrer might be overruled :thstI would answer
that there was no appropriation. to which de
-mnrer might be sustained: that would eater nv
exceptions of record. and the order might 20 that
the warrant should issue To all which the
Judge asentsd. The papers were placed in tie
hands OF the Clerk with the proper entry to be
made of record. and | requested transcript.
which received and filed in the Supreme Court
It's due Judge FINCH to say that he did not
read auy of the papers. and vas consequently
not informed asto the particular averments of
tie complaint. that he acted upon any statement
that the papers presented the question desired
adjudicated.
As evidence that the character Of the pro-
ceedings was fully understood extract from
the Journal of the next morning. TUESDAY May
18th. 1863 the following editorial:
"ISrEREsr on THE STATE DERIVE under
stand that the attorneys Of the Sinking Fund
Commissioners applied To the Circuit Court OF
this county Yesterday, for mandamus TO COM
pell the State A uditOr TO draw warrant for the
money to pay the interest on the State debt,
falling due next July.
The Attorney General resisted the application.
the Court that it might be carried TO the Su
preme Court as speedily as possible
Following up the same subject the Journal on
the 18th of May, 1868, contained long edito
rial. perhaps from your pen, at least dictated by
y5a AID animated by the same spirit exhibition
IN your speech in which feeling the weakness Of
your position and contemplating a decision ad-
verse to your views. attempt is made to cast
discredit upon the decision when IL should be
rendered, aud by threats TO coerce decision ia
vorable TO you-
As to the propriely and deccncy of this arti-
Gle have nothing to say. it speaks for itself.
III WONT Do.
The elegant and ailsble President of the
Sinking Fund has commenced suit against
Auditor Ristne 20 compel the issuing of war
rant lOt tic pay heht VI 'he 'h'e'SS' ou TIC oase
debt.
The very distinguished Attorney General
PROMPTLY appeared on the otherside and an agreed
case was made to be submitted to the Supreme
Court Judge Finch decided that the interest
must be paid. whereupon al appeal was taken by
the Attorney General to the Supreme Cocrt.
This j. the haven in which the regulators ex-
pect TO find shelter
We fear that our elegant friend the President,
will be suspected of a sharp practice IN this mat
ter. We fear that malicious people will say it is
only scheme to procure decision of the Su-
preme Court to bolster up the Attorney Gen
eral, and prevent the Treasurer from paying the
interest
We fear that suspicious people will say that
the Attorney General is managing both sides of
this case. and that the case is not intended for
investigation but for Endorsement and pretext
for what is already determined on.
There are some things the Supreme Court can
not do, aud one is TO make Ford's opinion re
spctable or make the people believe that 1t Is
honest. Ii YOU don't believe it, gentlemen
judges, try t. and you will get the word repudi
ators written all over you with indeliole ink.
On the same day. that you might have an OPP
portunity OF presenting your views in the case il
the Supreme Court. Messrs. RAND HALL, ad
dressed you the following note:
INDIANAPOLIS, May l3. 1868.
Hon q. p, Morton. Governor of Indiana:
SIR: There is now In the Supreme Court o
Indiana, upon appeal from the Marion Circui
Court, the case of Joseph Ristine, &c, w. th'
Board os Commissioners of the Sinking Fund
No. 1882. involving the question of the pubic
duty of the appellant to issue his warrant to pa.
the July interest on the State debt created u
IS46-47.
Knowing your great interest in this question
affecting the credit of the State, the appellee
request your CO operation in sustaining the de-
cision OF the Court below.
Very respectfully,
RAND K HALL.
A,ty's for BID Com. Sinking Fund.
When the case had proceeded To this point,
was informed that Judge FISoH. upon examin
ing the complaint. had arrived at the conclusion
that it did not show such facts authorized tn
issuing of the writ, and desired the case pre-
sented to him again that he might sustain m.
demurrer to the complaint. instead Of overrulin,
it as was done in the first entry.
Ii was submitted to him: he sustained the de
murrer. and rendered Judgment for RIsrINT
From this decision the Sinking Fund Commits
siouers appealed and filed their transcript in tn
Supreme Court.
In the Journal of May l6. SOB. is an editoria
giving an account OF the proceedings with it
usual fairness
"In the Circuit Court Yesterday Judge Fine
ordered that the rulings in the case Of the Boar
of Sinking Fund Commissioners vs. the Audit"
of State be cancelled upon the record, as the
j we're not made by him Ii appears that Judg
Finch hearing another case when the attor
ueys in this case appeared and asked to tle GER
tain papers
They were allowed TO be fled without exam
nation, and proved to be a complaint. an answer
and a demurrer, which added the order o
the Court written ont by Attorney Genera
HOrd
Judge Finch, on examining the papers mad
an entirely different ruling. which requires tn
attorneys for the schemerS and spectators II
State bonds to he other papers The case is no
vet in the Supreme Court. but presume tina
the lawyers will be able To get it before tina
tribunal in the course of the coming week
In the journal OF May ~ 1863. Judge FIScr
published lengthy opinion. giving his reason
for his ruling in sustaining the demurrer to tb
complaint
II i accompanied by letter from the Judge
dated Nav 18th. addressed to the editor of IN
journal, from which make an extract:
Ny object was in this. as in AL other cases, a
well a. knew how. to determine what the la