The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-06-12
Hovcy VS.. the Constitution.

\ remarkable communication signed
Justice" intended to bolster up Gov.
HovEY in his attempt to play dictator, APP
peared in the Journal of Tuesday. 1t is
remarkable for the fact that, although it
fills nearly column, it Gays nothing OF
any real pertinency to the issue involved
in the controversy precipitated by Gov.
HovEY. "Justice" quotes judges 0LDs,
MITCHELL. CoFFEY and BERKSHIRE to the
effect that the power to make appoint
ments to Office is an executive function.
So it is, generally speaking; yet it is
function that is not strictly confined,
either in our state or national govern
ment, to executive offices. Judicial officers
make appointments in certain cases, and
the legislature has made the appointments
to various Offices ever since Indiana was a
state. It's power to do this is expressly
conferred by the constitution, and had
never been questioned by the executive
or judicial departments until the advent
OF HoyEY. Art. iii, sec. of the consti-
tuition SAYS
The powers of the government are divided
into three separate departments-the legisla-
tive, the executive, including the adminstra.
tive, and the iudicial-and no person charged
with official duties under one Of these depart
ments shall exercise any of the functions of
another erceDt az this constitution expressly
prOcffed.
The word person obviously does not re-
fer to the general assembly. A legisla-
ture is never referred to as person or
individual" In the original constitu-
ton 1Sl6) was this provision
The powers of the government of Indiana
shall be divided into three distinct depart
ments and each OF them be cOnhded TO a sep
arare body of magistracy, to-wit: those which
are legislative, TO one; those which are exeeu-
tive, to another; and those which are judicial
to another; and no person or collection of Der-
sons, being Of one of these departments shall
exercise any power properly attached to either
of the others, e1cept IN the Instances herein er-
Jressy permitted. Cart. p
The same constitution, defining the
powers and duties OF the executive, said:
He shall nominate, and, by and with the ad-
vice and consent OF the senate appoint and
commission ali officers. the app0intnleiat Of 1chich
Is not OtberCisc directed by this constitution; and
all Offices which may be created by the general
assembly shall be filled ia such manner as glay
be directed by iotr. Cart. iv, sec. 81
Vacancies that may happen in Offices the
o
and senate, or in the general assembly, shall be
filled by the governor during the recess of the
general assembly by granting commissions that
shall expire the end of the next session.
Cart. is, sec. 81
The same constitution provided for the
election OF the treasurer, secretary and
auditor of state and presidents of the cir
cult court by the general assembly; and
for the appointment of clerk of the
supreme court by that tribunal
1t viii be seen that the old constitution
divided the appointing power (although
generally speaking an executive func-
tom among the three departments of the
government, expressly comforting it as to
several offices upon the general assembly,
and providing that as to all offices created
by statute it should be exercised IN such
manner as directed By lag
Under this constitution the legislature,
without challenge from any quarter, regu-
larly appointed trustees of the benevolent
institutions, and filed various other Of
fees; and when the people came to frame
new constitution they, in the light of
the practical exposition which the Ian
guage of art. ii had received, and by
which it must be interpreted, put it the
new instrument without material change
excepting that the words mo collection
of persons" were omitted from the inhib-
tory clause. Again they provided tart.
XIV, Sec u that "all officers whose APP
pointments are not otherwise provided
for in this constitution shall be chosen IN
such manner as noag Is, or hereafter may be,
prescribed By lar" In art iv, sec. 80, they
provided that "no senator or representa-
tive shall, during the term for which
may have been elected, be eligible to any
office, the election OF which is vested in
the general assembly," and in art. V, sec.