The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-05-15
SOME AFFAIRS OF STATE.
Gov HovEY AND THE BIOLOGIST.
The Great Constitutionalist Appoints Prof.
Collett to An Office Which he Can't
Get Hold Of-Dr. GaIbraith Resigns
The Riley Case in Supreme Court.
rFrom Daily of May 1o.I


Late yesterday afternoon that great preserver
of the constitution, Gov. Hovey, appointed
Prof. John Collett state geologist and issued
him commission signed by himself and at
tested by Secy. of State Griffin: This appoint
ment means, if the governor has the power, the
removal of the present incumbent, Prof. S. S.
Gorby, who was elected by the legislature. and
who holds a commission signed by the officers
of that body. The action of the governor was
taken after long consultation with Atty.-Gen.
Mlchener, Treasurer Lemcke also taking part
in the elaboration The reason for the gov
ernor's action is that he holds the recent
supreme court decision as TO the right of the
legislature TO appoint certain officers does not
cover the Office occupied by Mr. Gorby. Two
weeks ago." said Gov. Hovey to THE SENTINEL
man, 81 requested Gorby to bring mandamus
proceedings against me, which action he has
persistently refused to take, and l determined
to take the step have to-day and appoint
Prof. COllett"
evil Prof. Collett take charge at once?"
was asked,the governor.
''His commission will be sent him to-day and
he can qualify whenever he is ready. Mr..
Gorby has no legal commission and has not
taken the required oath of office and he and
the deputies appointed by HIM are liable for
acting without official authority"
Upon whom does the burden OF testing the
law rest?"
'If Gorby wants to contest the right to the
Office il will be necessary for him to bring
suit against Collect, who holds the legal au-
thority and commission from my hands"
Prof. GOrby, when asked what position he
would take in regard to Collects appointment,
said last night: Il propose to take the stand |
have all along and refuse to give up the office.
If Prof. Collett desires the office he will have
to bring quo warranto proceedings against me,
for am going to hold on until the court has
fI,IT H.
state geolOgist and propose to perform the
duties of the office. 1t is my opinion
that in face OF the law Gov. HOvey has no
more right to appoint state geOlogist than
have 10 usurp one of his functions. No de-
mand has vet been made upon me for posses
sion and don't know when Que will be made.
Prof. Collect and myself have always been
friends and do not expect any of our personal
relations will be strained.
81 see that the governor states that have
not taken the required oath and also says have
no commission. l took an oath before Supreme
Court Clerk Noble the 2Sth day of February,
the day after my commission was given me by
the legislature. The oath is attested and has
the official seal of Mr.. Noble. Some time ago
presented a copy of my oath to Seey. Griffin,
who refused to accept it. My action in giving
1t to him was purely of a formal nature, as the
law does not prescribe the filing of the oath of
this office with any official simply stating that
oath of Office shall be taken, by other
officers"
Mr.. Gorby was asked whether he expected to
receive pay should he bold on.
'As to the matter of pay, he state auditor
has already refused this. However, it will be a
criminal Ofense for the auditor to draw war
rant IN favor of any other person than myself,
as the appropriation is specifically set out to
be paid me as director of the department Of
geology and natural resources"
Gov. Hovey doesn't care very much about the
Office of geoOgist, but the geologist has the APP
pointment of mine inspector, coal oil Inspector
and one or two other important officers and the
governor wants these for the hungry horde Of
ofice-seekers which beset him.