The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-05-02
RETRIBUTION.

and ACKNOWLEDGMENT, and it stops there.
RETRIBUTION.
One of the most striking events in the
republican convention was the defeat of
Judge Coffey. We-have no desire to chit
a man when he is down." but there is
lesson in this matter that is of the ut
most Importance to good morals and
good government and which ought not
be lost to the people of Indiana We all
remember the bitter fight for control
of the ''spoils" which was inaugurated
by Governor Hovey five years ago. We
all know how. in mad evaporation. he
power Of appointment Of officials in d.
rect conflict with the plain terms of the
constitution, and in defiance of the uni
form practice and uniform construction
of the constitution by all departments
of the state government for forty years.
He found on the supreme bench three
judges who upheld his claim-Berkshire
| Odds and Coffey-more accurately. they
held that these officers should be elected
by the people and thereby gave the
governor the temporary right Of filling
the vacancies"
There were at that time two judges
on the supreme bench in whom the peo-
pie had great confidence. and justly so;
Judge Elliott. republican. and Judge
Mitchell. a democrat. Both dissented
emphatically, and with an unusual vigor
that left no question. as to their senti-
ment. Judge Elliott said that while he
believed theoretically in lodging the ap-
pointing power in the governor there was
absolutely no authority for so doing He
said: ct have searched with all posi-
bic care. but 1 can find no decision which
sustains the position of the relator." Il
find no conflict, but entire unanimity. for
in every case that have seen it is af-
firmed that unless expressly prohibited
by constitutional provisions there is a
class of offices which the legislature may
create and fill by appointment" Judge
Mitchell said that the reasoning and con-
illusions of the majority Of the court
were radically unsound and in open con-
flict with all the previous decisions Of
this court, and with the practical ex-
position which the constitution has re-
ceived since the first organization Of the
state government, and that they are also
in direct antagonism with the decisions
of the courts in every other state where
like questions have been considered" This
was in the first case. In the second one,
when to accomplish the desired results
it was necessary to abandon that first
decision, and to hold that it was
Language inadvertently used" these two
judges simply said they dissented, and
left the court to wade out of this mire
as best it could.
It was soon well known that republican
lawyers, as we'll as democratic lawyers.
felt Inundated and outraged by these
decisions The democratic party ar
raigned these three judges in its party
platform. The republican press offered a
feeble defense, but in response to a chal-
lenge to produce a single reputable re-
publican lawyer who would defend these
decisions it fell into silence. There was
no defense to offer. We call attention
now to what we said at the time:
No people ever forgot or forgave a
Judge who bartered his judicial integrity
for party favor, and none ever will.
It is true that a great political party has
placed itself before these men to shield
them but in a little while time will
come when no political party is interested
in defending them or In attacking them.
They will stand alone to receive the YER
dict of disinterested men on the naked
question of right and wrong.
The time will come TO them when they
will realize their situation in all its aw-
fitness, and in the blaclSness of dark
ness of that hour they will receive their
punishment
We did not expect that time to come
so soon. We had anticipated that party
services Of this character would be duly
rewarded by the hypocriical purists of
the republican party. and had expected
to appeal 10 the people from that reward
of party service. One Of those judges
has passed beyond earthly punishment
One has left the state. The third has
now another lash added TO his scourge
in the reflection:
Had I but served my God with half the
zeal
served my king, he would not in mine
Have left me naked to mine enemies.
So far as politics is concerned the in
cident is closed. We leave Judge Coffey
with his conscience But TO every jurist
in Indiana the lesson should remain
open. Never make a decision for po-
nticaI effect. The temptation is often
very great, but it never pays. The judge
cannot afford it. The party cannot af-
ford it, 1t is evil, and evil only.
NATHANIEL SPRINGER BERRY.
In the death Of Ex-Governor Nathaniel
Springer Berry of New Hampshire there
passed away one of the last and also
one of the best representatives Of that