The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-07-02
Mr.. Matthews Carried Water ON Both
Shoulders-He Excepted the Law
Ousting Tim Grihin.
INSTRUCTIONS TO POLICE
SUPERINTENDENT POWELL TELLS
WHAT WILL BE EXPECTED.
NicoIson Law Observed Throuahou,
the state-Snm Dinnin the Only
viOlator In This City.

acts cf the last General Assembly were
received yesterday morning and at II o'clock
Private Secretary King issued for the Gov
ernor the required proclamation stating
that the laws became effective June 2S.
The proclamation is as follows:
whereas. The several clerks of the Cir
cult Courts in this State transmitted to
me their respective certificates stating when
the laws OF the State OF Indiana, passed
at the Fifty-ninth regular session OF the
General Assembly, were received and by
said certificates il appears that the latest
ming OF such laws took place OF the 18th
DAY or June, 1885, at Albion, in the Office
county,
Therefore, /, Claude Matthews, Governor
OF the State Of Indiana, in accordance with
the foregoing facts and In pursuance of
the provision of the Constitution and the
requirements of the statutes in such cases
made and provided, do hereby make proc
lamation announcing the above date and
Time at which the latest filing OF said laws
took place, with said several clerks of
,ne cLcuit Courts ana declaring all such
laws published and circulated in the several
c9dnties of this State. by the proper au-
thority, except Chapter 146, page 359, of
the published acts, the same being i'm
properly and without warrant or authority
of law inserted as one of the enactments
of the General Assembly, the said pur-
ported act never having been filed in the
rolled act duly authenticated by the presid-
ing officers of the Senate and House or
tleDleSentdt1NeS.
"in witness whereof have hereunto set
my hand and caused to be affixed the
seal Of the State at the city of Indian
apolis, this 1st day Of July, 1885,"
The document was not even presented
to Secretary of State Owen for his sigma
ture to attest that of the Governor as re-
qured by Section 559l, Of the Revised
Statutes. which says that all documents of
an official nature issued by the Governor
L. 49, <1,A 1f ca
When Mr.. King was asked about this
he took down copy OF the Revised Statutes
and read a section of the Constitution,
which simply states that the Governor shall
issue a proclamation at the proper time
stating that the laws are in force.
THAT does not say that the signature
shall be attested by the Secretary of State,'
he said. and seemed satisfied that all was
in proper form.
The act that is excepted is the one known
as the custodian bill" 1t was passed by
both houses of the Legislature and sent
to the Governor in tme for him to veto
il and send 1t back. He held 1t until the
very last moment and sent 1t TO the House
of Representatives one or two minutes be-
fore midnight, or, as claimed by many,
at just the hour of midnight and at the
time the session expired by limitation. 1t
was this act on his part that caused the
riot at the Statehouse on the last night
of the session. The enrolled act was lost
in the riot. but was afterwards turned over
to the Secretary of State. The copy or
enerossed copy. Governor Matthews has al
ways contended that his veto of the bill
was effective and for that reason has re-
fused to recognize the right OF the Secre-
tary of State to print the law from the
engrossed copy. For that reason he has
made the exception in his. proclamation.
,1n4r fhaf fIn suf4 <.f ft,A
Supreme Court the only thing that can be
a guide to what is the law is the en-
rolled copy properly signed by the proper
officers On this. theory he. insisted that an
act known as the fish bill should be pub
lished with the others, although 1T was
known that ii had not passed the House
bill was properly signed and Governor Mat
thews insisted that II should be printed.
Contrary to this sentiment Is the act of
passed pas by h the last Assembly and also his his
attitude four years ago in regard to the
session, session OF the the last Assembly. House bin
No. 81 was sent to the Secretary Of State
properly signed. and vas filed among the
?. Two days later Private Secretary King
called at the office of the Secretary of
State and requested that the bill be with
in sending it to him. the bill not having
yet passed the Senate in its present shape
Mr.. Owen let him take. the bill to the Gov
with the. request that it be withheld re-
newed. This. Mr.. Owen refused TO do, al
though he said it TS Mould be printed with an
owen. This time it had been properly
at the office OF the Secretary of State.
Myron King denies that he ever requested
that any bill be withheld from publication.
He says he discovered that, through a mis-
take, there had been two enrolled copies
of one act made and that he merely noti-
fed Mr. Owen Gf Siarsnt that fact SO it would not
r. B. Oglesbee. who was Secretary OF the
Senate. says that after the bill had been
enrolled. r. A. Brown, Clerk OF Che. House
called his attention to the facA that the
House had not concurred In the Senate
amendments and suggested that a new en-
rolled copy be made and sent 10 the House
for concurrence This was done and the
new enrolled bill sent to Governor Mat
thews with the explanation.
tude is exactly contrary to his present
position occurred four years ago when he
vas Secretary OF state and Mr. Hoyey MAS
passed a bill redstricting the State for
Legislative purposes, In making the en-
roe and Gibson were omitted Governor
Hovey held that as the enrolled bill was
not IN accordance with the bill as passed
and did not fully divide the counties, 1t
was void and excepted Il In issuing his
proclamation. This caused Secretary Mat
thews to lay down the doctrine that ne now
had the power TO make any exceptions
and when the proclama uon reached him
for attestation he consulted Attorney gem
eral Greene Smith ana after talking over
the matter for an hour he attested the
proclannation in the following manner:
'sIn so far as the above proclamation re-
lates 10 the legal distribution OF the acts
of the Fifty-seventh General Assembly TO
the several counties in the state, and an
norncing the date at which the latest fling
took place as stated in said proclamation
1 do hereby attest the signature or Governor
and affix the seal OF the State OF Indiana
thereto. for the purpose of giving force and
effect to the acts OF the General Assembly
OF 1891 this being all that is required in
such certificate, or enjoined BY law upon
the Governor"
The 1895 proclamation. as issued. has the
seal of the State affixed. IL Is claimed that
the Governor exceeded his authority in
using the seal. While he Is the custodian of
H. he has no authority TO use It, that au-
thority being delegated 10 other officers
The section OF the statute re-
ferred TO above. Section 55el. says
that the Secretary, q state shall afiix
of the Governor. which. II Is claimed takes
from him all the authority to use the seal
Secretary Owen said Yesterday that he
had decided TO attest the Governors sig
might issue. As he looked nfon the ma matter
ss r,erely form ana carrying with Il moth
&. & Il 8. 'i ssa: ssss s ss sss .s:: :s