The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-06-19
BROKE OUT IN A NEW SPOT.
THE GOVERNOR oUTDoEs HIMSELF.
He Files Motion For Rehearing in the
Carson Case, Although He Has Already
Issued Commissions to the Iu-
sane Hospital Trustees.

The soul of Napoleon has been stirred to its
very depths again, and the result of the shak-
ing up has been a surprise even to those thor
oughly familiar with the asinne skin which
now obscures the aforesaid bovine soul from
the vulgar gaze. With all his bull
headedness and perversity people
have generally held to the belief
that lurking about the gubernatorial person,
somewhere or other, lay concealed an atom or
two of common sense. In the light of later
events this seems an erroneous impression.
Late saturday afternoon motion for a re-
hearing was filed before the supreme court
in what is Familiarity known as the
Carson case. 1t will be remembered
that in this case the supreme court decided
that the legislature had full power to elect
trustees for the insane asylum. Nobody but
Gov. Hovey had ever questioned that right,
and he claimed and was accorded the full
credit of making the discovery that the
legislature had no constitutional right to make
such election. The supreme court couldn't
agree with the governor, and that gentleman
apparently accepted his knockdown and issued
commissions TO the new trustees.
By agreement it had been determined that
the cases of the trustees of all the state insti-
tutions should be determined by the de-
cisiOn in the Carson case. After the
ruling of the supreme court, however the gov
ernor broke faith with the trustees of the other
institutions, and Mr.. Riley brought suit to COM
pei the obstinate executive to issue their CON-
missions. In this case as in the Carson suit,
the governor was beaten.
Still he wasn't satisfied. He still refused to
obey the decision of the supreme court
and after delaying the matter until almost too
late for the supreme court TO give a decision
before the summer vacation, the governor filed
a motion for g rehearing. His conduct in
thus delaying matters has rendered i'm
possible this season the much-needed I'M
provements at the deaf and dumb
and blind Institutions for which the legislature
made liberal appropriations
Yesterday the motion for a rehearing In the
Carson case was filed by the encouragement.
In speaking of it last night the governor said:
81 am not aware that such petition has been
filed. / have not seen it. The advisabiity of
filing such petition has frequently been dis
cussed and ] state frankly that thought one
would be filed in course of time"
Upon what grounds did you base your idea
for the formation of the new petition" was
asked.
The governor quoted from the constitution of
state, art. iii, sec. 90.
into three separate departments-the legislat-
ive the executive, including the administrat-
i've and the judicial; and no person
charged with official duties under one
OF tDeSe departments snau exercise
any of the functions of another
except as in this constitution expressly pro-
vided." In explanation of the position he holds,
the governor says: "The essential expression
in the clause is except in this constitution
expressly provided Why the English par
lament nor the L. S. congress dare not choose
an officer. Ii is entirely an executive function.
My thought in sanctioning this litigation is but
to carry out the constitutional provision"
You do not hope TO secure better or more
efficient men than are at present controlling
the insane institution"
'Such thought is entirely foreign to me; it
is but to maintain the dignity of the constitu-
ton. THE SENTINEL has criticised my stand
on the expression, and no person charged with
official duties under one of these departments
shall exercise any of the functions of another
etc. l maintain that the clause means each
member of the legislature individually, and
consequently the whole legislature"
This" said he, in conclusion, 'is far above
politics; possibly the next legislature
will be decidedly republican, and then
there would be general change
Of officers in our benevolent institutions.
This should not be the case, and it is for this
reason that l have taken the stand have"