The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-04-19
PRISON NORTH SUIT
HARLEY,s COMPLAINT PREPARED
AND SENT TO LEPoRTE COUNTY.
First Submitted 10 Governors Attor-
neys, According TO AgreemeBt-sale
of Refundfng Bonds.

Attorney Ketcham and his deputy,
Merrill Moores. yesterday finished the COM
plant In the northern prison litigation, in
volving the constitutionality OF the law
taking the appointing power out of the
hands of the Governor. The case is en-
titled State of Indiana rel Charles
Harley VS.. James w. French. and is a
demand for writ of custer against the
pretended board and the pretended warden.
The complaint was submitted to Messrs.
Menzits and Wilson for examination and
mailed to the clerk of the LaPorte county
court The Governors attorneys agreed to
the issues and have begun their answer,
which they wifi also mail to the court
Judge Hubbard is expected to put the
cause down for early trial and the appeal
will at once be taken in order that the
Supreme Court may have time to reach a
decision before the adjournment for the
summer, which usually occurs in June. The
text of the complaint is as follows:
The State of Indiana. on the relation of
Charles Harley, who is warden-elect of
the states Prison North at Michigan City,
complaining of the defendant, James w.
french, gives the court to understand and
be informed that heretofore, to wit, on
March II, 1885, at 10 o'clock a. m. the
board for the election of prison directors
Tor the States Prison North and the
States prison, constituted as required by
the act providing for the better manage
ment of and control of the States prisons
at Michigan City and Jeffersonville, Ind.
providing for and creating an appointing
board for directors of each of said prisons
and other matters connected herewith
conflict herewith, and declaring an emery
ency, passed Notwithstanding the Gov
ernor's objections thereto, March Z, 1895,
OF the Governor, Auditor, Treasurer, Sec
rotary of State and the Attorney-gen
met in the office of the Auditor of State
and proceeded to and did select the MEM
a nd of nric RI fnr
said States Prison North at Michigan city,
TO wit: Enos II. Nebeker. Robert s. Fos-
every of said persons at the time of their
election resided in the district in which
said States prison was located, to wit. said,
Nebeker residing in Fountain county, said
Foster in Marion county and said Van
Worst in White county, and each and
every of said persons being men of we'll
known business probity and experience
neither of them having been a contractor
in either prison or interested directly or
indirectly in any. branch of business being
carried on in either of said prisons or re-
lated to or having any business relations
with any such contractor in anywise inter-
ested In any business being carried in
or connected with said prisons or either OF
them; that each and every of said persons
SO elected as SUCH directors were at the
time of said election, citizens of the State
of Indiana and eligible to such office, no
one of them having been a member of the
Fifty ninth General Assembly by which
said law was passed 4 that tflereupon said
directors and each of them having been
duly notified by said board of State off,
GERS of such election duly accepted the
same and severally took and subscribed an
cath to support me Constitution of the
United States and the Constitution of the
state of Indiana, and to diligently, faith
fully, honestly and impartialy discharge
the duties of said Office, and each severaliy
and separately executed a bond payable to
the state of Indiana with freehold surety
in the sum of $4,000 which said several
bonds and each of them were approved by
and filed with the Auditor of State within
n IN
wit. ON the 18th day of March, 1895.
That thereafter. to wit, on the 18th day
rectors for the States Prison North met
at the office of the Auditor of State and or
ganized by the selection of said Nebeker
as president and said Van Worst as sec
rotary. and thereupon proceeded to and did
elect by unanimous vote the relator,
Charles Harley, warden of the States
Prison North at Michigan city to servo
successor should be elected and qualified
Said plaintiff further informs and shows the
court that at and prior to such election
said relator was citizen and voter of the
State Of Indiana, residing in Carroll coun-
ty In said State, and in all respects eligible
to the office of warden of said prison.
That said relator accepted said office
and qualified as such warden by taking and
subscribing an oath to faithfully and i'm
partially discharge the duties of said office,
and by executing his bond to the State of
Indiana in the sum of $4,000 with at least
i've sureties who are freeholders within the
State of Indiana, one of whom was or
Il contractor. within the said prison, con-
ditioned for the faitn1ul performance by
said relator of the several duties which
may from time to time be required of him
by law, which said bond was by said d-
rectors duly approved and by them deposit
ed in the office of the Treasurer of State of
1ne state OF indiana q INT the , care Of said
file. The said bond was so approved and
filed on March q, 1895. and within the days
thereupon said board of directors delivered
to said relator a certificate CT his appoint
ment as such warden of said States Prison
North, and thereupon afterwards. to wit,
on March %. 1895, said relator called upon
said defendant in said States Prison North
and exhibited to him his certificate of APP
pointment and demanded possession of said
office and of the books and records there
of and to be admitted such warden of
said States Prison North at Michigan City,
but so to do the defendant wholly failed
and refused and denied the right of said
relator to be admitted to said Office and
has usurped and has ever since lisurped the
said Office of warden of said States Prison
North and has since held and received the
salary, fees and emoluments thereof upon
the pretended claim that the said defend
ant has been duly appointed as warden of
said States Prison North by pretended
defendant falsely claims was properly APP
pointed by the Governor of the State of
Indiana under the claim that said act. in
so far as 1t authorizes the said board of
State officers so constituted as aforesaid,
to elect the directors for such prison, was
and is unconstitutional and void, and that
the sole power of appointment of said d.
rectors. unuer and by virtue of the Consti-
tuition of the. State. was anu is vested in
him, the said Governor. Said plaintiff
shows that said relator has by reason of
being deprived of said Office and the salary,
fees and emoluments thereof been damaged
in the sum of, to wit, 81, COO
Wherefore plaintiff prays Judgment
of custer against said defendant, that the
title of said relator to the Office of warden
of the States Prison North be established
and confirmed, and that said relator nave
Judgment against said defendant for his
said damages, to wit, in the sum of 81 600
and plaintiff prays for such other and
further relief as may be proper in the
premises