The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-13
WILLTEST PRISON LAW
GOVERNOR TAKES THE FIRST AG-
GREsSIvE STEP IN THAT LINE.
Names Prison Directors and Issues
Commissions, but Secretary Owen
Refuses to Recognize Them.

Governor Matthews played his first card
yesterday in the contest the control of
the State prisons. AT ten minutes after 10
o'clock yesterday morning he carried per-
sonally into the room of the Secretary of
State commissions for the six directors of
the two prisons whom he had taken upon
himself to appoint. The names of the d.
rectors on the commissions for the northern
prison are III. A. Barnhart, of Rochester;
NJ. d. Yontz, of Indianapolis, and Henry A.
Root, of Michigan City. The last is stall
wart Republican, and it is not yet known
whether he will accept. 1t was said yester-
day that he holding his acceptance I'M
der advisement. He is named to succeed j.
B. Rowell, of Plymouth, whose term ex-
pired March s. 1885, For the Prison South
Governor Matthews had reappointed Ernest
w. Pickhart, of Huntingburg, and w. NJ.
Lyons of Terre Haute, and the Republican
member is j. F. Darnell, formerly of Green
castle, and lately of Muncie He is named
to succeed Floyd Parks, of Jeffersonville.
whose term expired March 5.
Secretary of State Owen was attending
a meeting of the State commission appoint
ed under the new law, and Deputy Wright
informed the Governor that he could not re-
ceipt for the commissions without consult
ing the Secretary. To this Governor Mat
thews assented, and the commissions were
carried to Mr.. Owen in the Office of the
Auditor Of State. The purpose of taking
the commissions to the Secretary was to
have the signature of the Governor attested.
Mr.. Wright was instructed to inform the
Governor that the board had received the
commissions and would decide as soon
possible what course should be pursued
toward them.
But want the commissions returned at
ot+ cfaI No
said, land if not attested, then I want to
know why they are not signed by him, ac-
cording to the mandatory orders of the
Constitution of the State. The Constitution
says the Secretary OF State shall attest the
signature of the Governor, whose duty 1t is
made to issue the COMMISSIONS
Mr. Wright reported the message to the
Secretary of State and the commission. He
brought back the answer that the commits
s1ons would receive due consideration, Then
the Governor sent word to Mr.. Owen that
of the Commission. but as secreta r Of
state, and he demanded the immediate re-
turn of the commissions. To this the COM
mission returned the answer to the Gov
ernor that it would return the commissions
when done considering them
Does the Secretary of State intend to do
his duty?" the Governor asked.
The There IS no proper question OF IT., an
1T does not look like it,.
THAT is matter of construction
Here the colloquy for the time being end
sent the following communication to the
Governor:
porting to be commissions of certain gentle
men as directors of the different prisons,
not attested by me, for the reason that
of these commissions of the gentlemen
named by the Governor, the power to ap-
point directors of the prisons under the act
State officers. The board has now under
consideration what action it will take in
ha mr. Meas xryrf 0t rxybA fol
due notice will be given to the Governor.
The purpose of the Governor in offering
not be signed by Secretary owen, is not
definitely known; but everybody had
reason to offer yesterday. 1t seems to be
C. n-rro only believed that the purpose was
merely. to obtain a formal refusal on the
part of the Secretary on which to base an
actor in court seeking to compel him 10
sign the con. missions and thus test the con-
stitutionality of the recently enacted law
Such a course would be necessary to get the
matter before the court and no other ex-
PLANTATION of the Governors action seems
arsible, for it is certain that he had no
Secretary Owen If it is his intention to
bring mandamus proceedings, unless he
his Seg s so mP hs Of e
suit would become the duty Of the Repub-
licsn Attorney-general w. A. Ketchain.
of the directors of the Prison South met yes
terday morning on the call of Auditor of
State Daily, who is made the authority by
the law to call the meeting. The commits
sion organized by making Secretary of State
Owen the vice chairman, in the absence of
the Governor, who had an invitation to at
tend but declined. Other than the consid-
Grafton of preliminaries of legal bearing.
and in the absence of copy of the law
under which the board must act, a recess
was taken. 1t is understood that the COM
mission expects to have to make a legal
fight for its life and that it will not act
rapidly. The first suit to be brought will
be filed in Michigan City, and will be insti-
tuted by the commission.
The four Republican State officers who
have the selection of the prison boards met
again last night and continued in session
until midnight. Then it was announced
that they had not taken up the subject of
directors, but had only discussed the legal
aspects of their work. This was the same
thing they talked about in the morning Mr..
Owen had a copy of the law present, and it
was read and discussed, section by section.
There no time set for the ending of the
recess. Mr.. Ketcham, who begged to be
left off the appointing board swhen the bill
was pending, because of his position as the
attorney of the State, has decided that in
the contest with the Governor he will act
as the legal adviser of the board. The Gov
ernor will have to secure other counsel. As
between a written and regularly enacted
law, and the duty to advise the Governor
on question not yet established as law he
concluded that his duty lay with the law in
Il lott