St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-09-27

Warranto writ only applied to the uSurp-
alton of sovereign rights. and the
United States alone could bring such an ac
tion in the United States courts and then
only through its appointed officers. Neither
had the relator or his attorney been depu-
tiZed by the the attorney general to recon-
mend such an action, and the United States
alone had the right to test the constitutions
ality of the act providing for the commits
sion. The rule as he stated it, he said, was
fully demonstrated in the case of Wallace
against Anderson, the question in dispute
being as to which of the two was entitled
to a public office. The writ of quo war
ranto, as applied for by the plaintiff, was
denied by the chief justice of the supreme
court of the United States on the ground
| that the United States alone could sue for
such writ, and then only through legally
appointed officers. To bring the action
properly. he maintained the relator should
have applied to the executive through the
| judicial authority" In reply Counselor
Miller
| CONTINUED IN BEHALF OF THE RELATOR,
Hinckley. that his client had the statutory
right to apply for the writ for the citizen
created the constitution, and client as
citizen has the right to avail himself of all
its benefits. The district attorney attempted
| to smother the petition, though the relator
has the right to apply for redress either to
the executive, legislature or judicial bench.
The attorney general" he said, lis here
representing the president OF the United
States, but l represent his master as
citizen of the United States. / demand
the right to be heard, and if [ am not en-
titled to writ of quo warranto, then it is
| the business of the court to find me a rem
edy, for my client is entitled to a petition
for right. My argument is almost out of
order, but that is caused by the vigorous
and unexpected attack made upon me by
the other side, for it was my intention to
argue the whole question at once"
Judge Wallace-It is conceded that you
have the right to petition. Confine your
self to giving ME authorities.
Mr.. Miller-Do understand your honor
| wants me to commence my argument all
over again?
Judge WaIace-Oh, no. Laughter.
THE commission" he continued, ''eXer
cised unwarranted powers and was directly
opposed to the rights of citizens"
Judge Wallace can't sit here and
listen to arguments on abstract PROPOSE
tions. The discussion must be closed.
When you applied for the writ presumed
| there would be some authorities produced,
L
| it is time to close the discussion. There is
only one case which could give you basis
for your application, and that was an ap
plication in the state court of Massachusetts,
and that was denied. 1 must also deny
| your application.
Gossip About Eaton's Successor.
Special to the Globe.
WASHINGTON, Sept. 26.-The acceptance
of Civil Service Commissioner Eaton's
resignation will naturally supply great op-
pOrtunity for newspaper gossip con-
corning his successor from now
until Nov. 1. That the new man will
be ga Democrat meets with very
general credence, and yet it is not newt
ably necessary that he should be Demo-
crat. Mr.. Cleveland may have ready
another of his surprises. Your correspond
ent was conversing with prominent
Ohio Democrat about the reform and the
vacancy, and here is a resume of his views:
The name OF Senator Thurman of Ohio
has been suggested, but those who
are genuine friends Of the old Roman scout
the idea, and are very prompt 4 denounc-
| ing its entertainment as al, insult to great
intellect. Besides Mr.. Thurman is Oh rec
ord regarding the reform, as he
has proclaimed himself in favor of
allowing boys who have long been
and warm their toes, and eV later than
this he went upon record with an infer
ential distrust of the Eatonian law. When
the famous Payne-Pendleton senatorial
contest was on at Columbus, Judge Thur
man finally yielded to persuasion and penned
| that clear
ARRANGEMENT OF MACHINE POLITICS
which turned TO the benefit of Gen. Durbin
| Ward and Senator Pendleton, and was
against the Payne methods. In that letter
Mr.. Thurman pleaded that Mr. Pendle-
| ton be not set aside because
he had committed one mistake.
| There might be now some difficulty in de-
| termining whether the one mistake had
| been voting for Justice Mathews confirma-
| ton, or the fostering of the civil service re-
form law. But cOntemporaneous interpre-
tation, as the lawyers would say,
| is decisive, and that settles the fact
that Mr.. Thurman alluded to the
champion of the law. Both mistakes
were charged against Mr.. Pendleton by his
opponents, but the fouler sin was alleged
to be the advocacy Of Dorman B. Eaton's
law. This apparent divergence seems to
locate Judge Thurman as against the law
|
| cago National convention, and perhaps
until now he had newer read the reform
statues at all. But what seems to fire the
indignation of the old Romans adherents is
that he should be proposed for pedagogic
position. Herein is lodged the cause of a
great deal of ill-advised criticism upon the
law. There is always a sneer for the
teacher, and seeming forgetfulness of the
| grand party heads.
IN THIS NATIONS CAREER.
There is universal belief that civil
service commissioner must be a school
teacher, and then because he is abuse is
| heaped upon him as a pedagogue.
This erroneous idea has already in
duced the Indianians to suggest
Prof. James II. Smart, superintendent
of education in that state. for Mr.. Eaton's
place. EX-President White of Cornell has
also been mentioned, but there is no occa-
sion, either from the law or from necessity.
| to select school instructor. 1t is true
that Judge Thurman struggled in boy
hood as a school teacher, and
emerged into a lawyer. Commissioner
| Gregory was Michigan's superintendent of
| education. and is yet entirely pedagogic in
mental aptitudes. All these facts tend
| to give force to the argument that the ap-
pointment of some man not a pedagogue
| in Mr. EatOn's place might infuse better
| spirit into the law. AS the statute itself
only provides that not mo re than two COM
| misSionerS shall be of the same party it
| might be proper to select one Mugwump,
one spokesman and one refOrmer. This is
THE NEW YORK SUNS SUGGESTION.
In that event, Judge Thurman might be
named as high-toned spokesman. George
| William Curtis is popularity known as the