The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-16

upon the question in which such iurisdic-
what is the probable effect of the decis-
ionf'
1T knocks out the theory on which the
bill was framed. which was that the court
could be compelled to cooperate with the
that officer has heretofore been compelled
to do. Whether there is enough of the act
left to stand alone after the cooperative
features of IL have been eliminated, remains
to be SEEM"
xviii the Supreme Court Reporter be
governed by the former act regulating his
Office in view of the adverse decision of the
court upon the later onef"
Il should think he would be. If the last
act is unconstitutional and void, it is, of
course a nuliity, and the law which it un-
dertakes to repeal remains in force just as
much as though the later statute had never
been thought of. 1t may be, however,
that the Reporter will see proper to further
test the portions of the last act not def
nitely passed upon by the court: There
would be several ways of doing this. and
one of them would be for him to go on and
prepare his reports under the old law, and,
for them under the provisions of the old
act. he could have his remedy mandate
against the Auditor of State to compel the
latter to issue his warrant, and In that pro-
ceeding the question could be settled"
A Card from MIR. Griniths.
To the Editor of the Indianapolis Journal:
1t is difficult to understand how such q
bill could have passed. can only account
for it on the theory that the opposition to
the measure was so pronounced on the
part of many fair-minded Democrats, that
it was thought unsafe to permit even the
slightest amendment to be offered, lest it
might result in the defeat of the bill. They
proposed to chance it, rather than run the
risk of defeat. The bill was never printed,
neither in the House nor in the Senate. 1t
was hardly discussed, and no opportunity
was afforded to the members to acquaint
themselves with its provisions. The bill
was not read by the Senate committee, to
whom it was referred. and they never had
a meeting Mt which it was presented or dis
cussed. The attention of the Legislature
was called to the uncOnstitutionality of the
bill by the Governors veto, and without
paying the slightest attention to the insur-
mOuntabl9 constitutional objections urged
In Governor Hovey's message, both houses
repassed the bill under the gag of the previ-
Gus question. The Democrats seem equally
pleased with the Republicans at the decis-
ion of the Supreme Court. The congrat-
ulati0ns that have received have been
very impartially distributed. The lawyers
tell me that they do not want to get cheaper
reports at my expense. Had constitu-
tiOna bill been passed l do not know
what L would have done. / gave up my
time, my practice and my money to make
JOHN L. GRIFFITHs.
The Suits for the Several City Offices.
An effort is being made to bring the liti-
CATION over the police and fire departments,
and the offices named in the Curtis bill Gre
ating Board of Public Works and Affairs.
to Issue at once, so that the argument can
be had before the Superior Court judges
Monday. Both sides have waived all
formalities, and it has been agreed that no
distractions shall be put in the way of a
speedy termination of the cases. The agree
ment is that the entire question of the con-
stitutionality of both the Bigham and Cur
tbs bills shall be submitted at the same
time. In the meantime, there will be no
change in the existing condition of affairs.
The two police forces will continue at work.
with the old force in possession of
the city's property. The old fire depart
ment will remain in charge, and
the members of the proposed Board of Pub
lie Works and Affairs will simply bide their
time until the cOnstitutiOnality of the law
| is settled.
| All the papers will be filed by this even
| ing. The attorneys representing the city
have prepared their answer to the petition
| of Messrs. Holt, CattersOn and Sullivan for
mandate to secure possession of the fire de-
partment. 1t will be filed this morning.
In the main it is duplicate of the answer
filed to the petition for possession of the po-
lice department.. An additional paragraph
says: Il. The city of Indianapolis was in
corporated prior to the adoption of the pres
ent Constitution, and has always had fire
department. which is the private property
of the city, aggregating at the present time
S250,OCO in value. :. By our Constitution
and form of government the local subdi-
| visions of the State, such as counties, town.
ships towns, including cities are guaran IL
| teed the right of local self-contrOl. The
State has no power to take the control of
| the private affairs of the city as to the max
ing of contracts and expenditure of money,
| any more than to take control of the cost
and expenditure of keeping up township
roads and building township bridges.
3. That, the city being the owner in fee of
and of the engines and other property used
in the department. the State has no power
| to compel it to surrender the possession and
ownership to persons selected by the Legis-
| lature."
The proposed Board of Public Works and
| Affairs will file its suit this morning. As
| yet no demand has been made upon Mayor
| Denny for the offices named in the bill, but
Dy dSTttucub tudb Is W 10 WdlNtu
The complaint is brief. 1t simply states
that Messrs. Gall, McCutcheon and Jane
son, who were elected by the Legislature.
took the required oath of Office and were
ready to file their official bonds, but that
Mayor Denny had refused to examine the
bonds, and therefore a writ of mandate is
demanded to compel the Mayor to accept
such bonds. 1t is further stated that the
Mayor refused to accept the bonds, not be-
| cause the sureties were insufficient. but on
the ground that the law under which the
members were elected was unconstitutional.
The answer to this suit was prepared last
night and will be filed to-day. In the main
it is the same as the reply to the other
Suits but it will touch upon several points
that have not yet been brought out.
To Hear Criminal Cases.
The jury for the term ending next June,
in the Criminal Court, has been discharged
and new one impaneled. The following