The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1889-11-15


evansville ,eurlsr
The three ohsrErs LAWYERS who were
nominated adj elected supreme Cout'
Judges. chieil, because ne Republicans
~ he time ~ their nomination did uot
exuer; N carry the State. LNsc decided
IA 4 The Constitution OF The State OF In
diana. not h1'ng IL accord with Their
viev. OF law. aud with the >polls doc
trinss ri The Republican party. j. VOID
~ 10 thai section which provides TIM
.snll oinrers whose appointments nre no
otner " lie provided Tor Ia ms COnslitu
tiOn. shalt he chosen IN such manner ~
nov Is NJ hereafter may be provides h'
'ae.F The Legislature elected a state
Geologisf and n Commissions Of >ia'i--
tics. and linmbng iiovsy vetoed the 's~
authOrizirg fhcir election. on the ground
that while tie I.syislan.sr might create
new Offices. the Governor alone had ~
right 10 fiji them. The veto wss prompt
" overruled by the Legislature. AID
Gorby and Peela were elected 10 Tie -
fees OF State Geologi-t aud Cnmmi--
sioner nf Statistics respectively. Hun
bug Hovsy. after n hri-f inisrssi appoint
"a C0llet' GeoiegiSi. aud Wnrrell >taiis
ticisn. Collett %ihereupon appointed
Yancey Coal Oil Inspection, VIII" ''tsed
proceedings s-sin-i usie. the Inspector
appointed hv Gorh,. while Worreii pro-
reeied against prele. Judges Old
berkshire and Cofey decide. 10 effect
that lin their opinion m Constitutions
Of the State u Indians is uucomsliin-
fionsl when its operations prevent Re-
publicans iron breaNing into Office
They are all Republicans who were never
heSrd Of ~ law ,ers anf~iie OF their i'm
mediate localities. until introduced 10 The
state by = Republican State Convention
a. candidates. for TIE Supreme Bench.
Judge Elliott, one Of The great Isw yer-
Of the country who has been mentioned
a. the possible successnr " the late Stan
hey Matthews on the Supreme Bench OF
the United States. and Judge Mitchell.
the only Democratic member ~ the
Court. dissented from the decision OF
their colleagues. Judge Elliott wrote
the dissenting opinion and fortified II
with AZ overwhelming array Of authori.
ties. The opening paragraph Of his de-
ci>icn explains his position thoroughly
and shows that while personally OF the
opinion that these offices should be cleo
tive, he cannot n 4 lawyer Of character
and an upright Judge place himself or
ficisily in conflict with the Constitution
% the State he Is sworn 20 defend. pro-
iecf and honestly interpret. Judge FL
lott says:
II am fully persuaded that lie Legis-l
lature ought not 10 have the general
power to create and 10 fil Offices ef H.
W creation a4i that IL the opinions 0fl
'ns great thinkers Of our country had
beei given fnil force il would have mo-
-uch power: but while 1 AN persuaded
II should NOT have this power. NJ,
Judgments thoroughly convinced :a.fi'
!, does have power 10 create aud 10 MI al.
class OF Offices. aud that The office in ron-
belongs to that class. re-sUli,
the conclusion but | cannof escape H.. III
searched VITA IA possible care, bui
J can find no decision which sn-iains the
of the relat0r that the sp-
pointive power resides in the Governor.
] find no conflict. but entire unanimify.
tor IN every case | have seen il l. affirm
ed that unless expressly prohibited BY
constitutional provisions. tie Leqisiafure /
ns7 create ofi,cs aud Gil them BY sp- !
This states the legal aspect OF these
cases clearly ard lncidly. and illustrates /.
The difference between = Judge who IN /.
terstaDds that the law and his relation I
lc ne enforcement, arc superior 10 hi q
personal views "a public policy, and ALI
lfio o. crossroads lawyers who place
AMI partisan opinions before
The faithful discharge cf their official
The Courier. as our readers well know.
has always shared the opinion Of Judge
Elliott. that All offices should be elective.
except those purely clerical, wen % The
hut In urging this reform K
Tie Courier. Of course. has recognized ,
il should IL accommodated in sn
orderly and lawful msnner. by changing
Or repeating conflicting laws. That Il
JDdge Elliott's position. a. Il Il or every
intelligent friend or law and order. But
three crossroads Republican poli-
who constitute a majority OF the
like Squire Mcbride, hold diHe,-
Their view Of their duty seems 1.
be that II j. within the proper exercise
Of the functions Of their Office 10 declare
the Constitution Of the State 81 Indian
void. when IL conflicts with the spoil-
principle ppon which the Republican
party il founded.