The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-12
THE OLD COMMISSION.
One of the Former Supreme Court Assistants
Recalls the Work He and Others Did.

Journal reporter who met Col. j. B.
Black yesterday. member of the Supreme
Court Commission of 1Ss1-1sS5, asked him
to give something of its history. 1.-THE orig
inal members of that Commission" said
Colonel Black, "were George A. Bicknell,
Democrat, of New Albany; John Morris,
Republican, OfFort Wayne; VIM. NJ. Frank
lin, Democrat, of Spencer; HOratiO G. New
comb, Republican, of Indianapolis: James
l. Best, Republican, of Waterloo City, De-
Kalb county; three Republicans and two
Democrats. Judge Newcomb died May %,
1882, and 1 was appointed to succeed him.
WalpOle G.. COler:ck, Democrat, of Fort
Wayne, was appointed to succeed Judge
Morris, who resigned after the death of
Judge Worden, Democrat, who had selected
him. 1t was after the election of Judge
collars, Democrat, that Judge Morris re-
signed, he thinking it proper courtesy to
Judge collars, who had been elected from
the same district as Judge WOrden, to do
so. On the 9th of November, 1883, Judge
collars appointed WalpOle G. COlerick to
the place vacated by Commissioner Morris.
What was the mode of appointment"
An order of court was made upon the
record; the commissioner who was sworn
In by the clerk had no commission, no GER
tlficate of election; there was appoint
ment by the Governor, who had nothing to
do with it. The law provided that the COM
missiOners should be appointed by the court.
The statute was enacted April IA, 1881. and
prescribed that upon its taking effect the
Supreme Court should appoint five persons.
| citizens OF this State. of high character for
missiOners of the Supreme Court. The
duty of these commissioners. under such
rules and regulations as the court should
adopt, were to aid and assist the court iii
the performance of its duties and the COM
missioners were not to practice law nor hold
Office for the term of two years, and they
were to receive salary equal to the salary
of judge of the Supreme Court. payable
| at the same time and i'll the same
manner; and before entering upon the dis
charge of their duties they were to take an
oath. to be entered upon the record of said
court, to support the Constitution of the
United States and the Constitution of this
State and to honestly and faithfully dis
vacancies occurring in said Office were to be
filled by the court. The enactment OF
March 3, 1888, provided that the term of the
commissioners be extended for two years
after the expiration of their first term.
have no distinct recollection of the law
having been questioned except twice. AS
| to the first case. it is not sufficiently clear
| in my mind at this moment to detail the
ldCtS III tuc StCOuU OCcdSlOn, tile
| question was brought up by Isaac
2. Gray before he became Governor.
| 1t was in petition for rehearing The
| petition was granted, not for the reason
given by Colonel Gray. but upon another
| question in the case. The commissioners
were always practically treated by the Su
preme Court as valid cOnstitutionally au
| thorized officers Their work was accepted
by the court, and in each case written by
| the commissioners and adopted by the court
| the form was per curiam, following the
| opinion of the commissioner. Aside from
| the question whether the Legislature may
| create an office and also fill it with it's in
| cumbent, there is question in this case Of
| this kind: If the Supreme Court may OF
| may not accept the wOrk of the commission
| ers in particular instanccs-that is, adOp
| the opinions written by them or may reject
| them-perhaps the Supreme Court judge,
may reject them in all cases and refuse tn,
assistance of such commissioners, whether
| they be legally constituted officers or not.
''Then the State might pay out as mucl
as $4,000 year to these commissioners
| and if the Supreme Court judges did no
| want their assistance they might 60 fish
ing!"
Certainly"