The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-05-08
THE HEALTH BOARD NUDDLE
DIR. Partridge Determines TO Contest
the Appointment Of Dr.. Boots.
Probable Tie Vote Should the Board
Act in the PREMIERSHIP Part
ridge Employ Counsel.

The State Board OF Health will nod =
meeting to-day, anG the questions affecting
the rival claims of membership o. Drs.
Partridge and Boots viii no doLbt form the
most interesting topic of discussion. When
lsst seen, DR.. Boots was satisfied that the
two Democratic members would re-
cogniZe his commission and admit him
10 membership, aud, according to
him, they would constitute majority OF the
board, Dr.. Lomax being the ONLY Republi-
can member entitled TO vote. There il
some question OF the corrsct ness Of this con-
struction Of the law, as the ecs organizing
the board declares that when elected the
Secretary shall be a member OF tie Board of
Health, ard it is argued that becoming
member carries with il all the privileges en-
joyed by the other four, one OF these being
the privilege Of voting upon eli questions
which may arise before tie board. The
action OF the board on al aues-
tions heretofore arising has been uncersmo-
Nous, and the Secretary, when seen yes.
teTday, was not certain whether he was en-
titled 70 vote with the board or not Ia the
event that be becomes satisfied of his right
to cast u vote IN the matter, and the board Is
testsnts. bis vote viii no douot be cast Ia
favor OF Partridge. Tnis would cause tis
vote b0lL in the matter OF o0sting Psrtidge
and in admitting Boots and a far as thu
board Is concerned, the matter would stand
IN precisely the same shape as at present
The Secretary does not appear very anxious
TO take hand 10 the controversy, aud IL e
possible that he will occapy E neutral ~
sinon.
Dr. Partridge was n town Yesterday and
has concluded 10 hold tee foTt' until he .
busted by due process Of law; that Is. till the
matter Is iDRllv adjDdlcated ia the courts
Concerning the failuTs Of the Senate Journal
To record his confirmation, he says that the
rules OF isw viii permit the introduction Of
testimony 10 prove thGk he was confirmed
He holds that. If Tire journal contsi1ed auv
evidence st al o. the nominations bsinx
made md reported 90 the Senate the opDo-
site could not be shown by testimony, but
when they are silent the rules OF laz
viii admit testimony on the subject.
He contends that there Is no waat Ct test
mODy on this point 0Bd instanced the B7s-
vier Reports, which record the confirmation
of TIE members Of the board 81 the night
session OF March 1883 The Reports con-
tain the following language:
"a message from the Governor announced
his appointment of john w. Compton, OF
Nsnderburg County; w. W. Vinnedgs, o.
TippecsIoe County; Joel NJ. Partridge OF
Grant County. members of the $ ate Board
Of Eealth, subject 10 the consent OF ths
Senate, the first two serve till the last day
Of February. 1850. and the last two to ssrvs
till the last dsY Of February. 1857 Ga mo-
ton of Mr. BaDdy the nominations were
confirmed"
In conversation with him at the Grspd
last evening, DR.. Partridge ssio that hs had
consulted with Stanton J. Peeile and would
bold his position on the board till the mat
ter was legally tested. Being a member de-
fac'o, the burden of proving that be was
not member de jGre would rest with Dr..
Boots. who claimed the Office, and steps 20
get it would necessarily have to bs
taken by the latter. he further said that
he did not believe the board, As
board, would have any power in the mat
ter at all and that no vote would be taken
on the question OF admitting DR.. Boots or
rejecting him. He was now a member,
serving under a commission issued by COM
petent authority, and the burden of proving
the COZ trsry rested with DR. Boots. It
known that Partridge visited Ex-Governor
Porter yesterday and wss in consultation
with him for two or three hours Partridge
has employed Mr.. Peelle and the legal
racket viii no doubt be inaugurated at once.
The friends Of Mr.. Boots are confident that
his appointment will stand the test Of e.
gal controversy, and the Governor 3 satisfied
that the failure of the Senate journal to re-
cord the confirmation of the members IS
fatal when successor Is appointed sac
orc point in favor of Boots is the failure OF
DR. Partridge 20 file a certified copy OF his
osth CT ofice, but DR.. Partridse's attorney
Claims that the provisions OF The statutes
making this necessary do not Apply to mem
bers of the State ard of Health.
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