The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1889-11-22
Old. w.ls-Srttlcd. cgn1
isrnctirc.
An old.

Tho assertion That the practi cof elect
ing state officers hy the ie.i. allure Is IAN
Old and weil-scisied practice. which IL
clearly legal" Il glaringlv untruc. u u
neither ~ old. 4 wcll-settlsi, nor legal
practice. journal.
No authority or evidence Is offered y.
support of this sweeping assertions for
che very good reason that mono 'rsn be
given. No one, SO Tar ~ we have OBJ
served. has venturcd 10 deny that the
Legislature had this power under tho con-
ssiiution of 1916. aud continually exer-
ciscd II from 1876 o 1861. by The con-
etiuiinm ~ 1851 number 81 offices
thcrci siore filled by tho legislature, y
the governor, we're .na.is elective " ~
people, anu ~ 10 Offices not mentioned n
WAS provided that ssAll officers, Who's
appointment il not otherwise irovislec
fer il this constitution. shall be chosrs
~ such manner a. now - or hrr.niei
may be provided hy law In 1852 the
legislature created the Office OF supreme
rourt reporter and filled il by election.
III 1853 The legislature provided for the
election OF trustees OF The institutions foi
the blind and deaf and dumb by vote o.
the general assembly, and filled these OF
ficrs ~ tho same SESSION. The prnciic'
has been continued ever since and has
been held legal by the supreme court
IN 1865 the legislature created the oi!ire
Of attOrney-genera and provided thai
tho first term should be filled by vote OF
the general assembly. No election wa
held and Gov. Wright undertook 70 I'LL
The vacancy by appointment. The APP
pontmcnt WAS contested and held void
by the supreme court bcransc the ap
poiniment for tho first term was vested
in the general assembly" by tho law.
That decision Collins ". the state. s.
Ind. 344.) has stood - the law from that
time 10 The year 1889. Before 1889 i'll
sas universally conceded that the only
question there could he under the consti- |
tuition was. "What does the law pro-
vilc?" 1.-THE law said the people should
elect, tho people elected. II il said the
governor should appoint, be appointed.
IL it said the legislature should elect. il
elected. without respect 10 party,
governors, judge. legislatures and poo
pie have conforncd 10 this practice. I'll
is az old rs the state; rs well settled AZ
universal concurrence can make II, AMI
"a legal rs any other express provision
Of tho constitution. Tho decision to the
contrary il ciihcr an imbccilc or law
less abuse OF power by the supreme
court.
We will risk the ASSERTION that the
journal cannot find reputable and emf
ncnt republican lawyer in the state who
will saw that Judges Cyffcy. Odds and
Berkshire are right, and Judges Elliott
and Mitchell wrong in thrir decisions.
We dare II 10 the test, m king no reser-
walton except that lawyers who are ac-
customcd to giving auy opinion that
their party may desire aro not reputable.
We challenge Il 10 interview the leading
republican lawyers Of this city and print
their opinions. giving its readers Nh OPP
portunity 70 see what the respectable at I.
Iorneys ~ their party think Of this ont ;
rage. II Il has any confidence in its Case =
4 ought 20 be willing 20 submit IL 10 It's
Dwu friends.- indianapolis Sentinel.