The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-08
PRISON BILL VETOED.
Passed by Party Vote Regardless of
GOYernnr Matthew'S.

Governor Matthews sent to the Senate
yesterday afternoon a message yetoing the
bill introduced by Senator Watson, which
legislates out of Office the present prison
boards and wardens, and places the ap-
pointment of new boards IN the hands of the
Governor, Secretary of State, Auditor of
State, Treasurer of State and the Attorney
general. The bill aboishes the office of
prison director for the northern and south
ern prisons and creates board of prison
directors for each institution. The Gov
errors message was read and ordered
spread on the records, and the bill was
promptly passed over the Governors veto
by pay vote. The veto message is as
follows:
return with the following objections
ment of State prisons and providing for
the election or appointment of boards of
directors for said prisons
This bill abolisheS the offices of prison
director for the northern and the southern
prisons. and seeks to place these State in
stitutIons under the management of boards
of prison directors, each to consist OF three
persons. The bill creates another board
consisting Of the Governor, Auditor, Treas
urer, Secretary of State and the Attorney
general; this latter board, thus consisting
by virtue Of the bill of the persons who
are State officers, is required to meet at a
designated place, at stated times and upon
special notice, with the Auditor as clerk;
q majority constitutes a quorum, of which
quorum a majority is vested with full
power; to this board is given the power to
appoint the members of the two boards of
prison directors, power to remove for cause
upon notice and hearing and the further
power to fill all vacancies which may occur
in the prison boards.
The first objection to this bill is found in
the fact that the Legislature creates an
the power to appoint. but the important
duties, and then appoints the members of
this board
The Legislature may create official boards
and prescribe the mode of appointment in
many instances, but it cannot appoint the
To prescribe the mode OF appointment is
one thing, to appoint is another and differ
ent thing. To use me language of the SUI
preme Court: ''One Is the exercise of legis-
lative power, and the other the exercise of
an executive function
Therefore much of the bill as creates
a board of appointment, with certain duties,
and selects certain State officers MEM
oers Of THIS Is p9aTd IS ohasrysd hn the
Legislature can create board of this
character and name the appointees, it can
therefrom; and If it appoint the At
torney general a member, who is not a
constitutional officer it can name board
constitutional officers. In other words, it
can appoint board, the members OF which
are officials who are neither constitutional
officers, nor named as administrative off,
GERS by the Constitution 1t is also a mat
of the Encouragement on this board does
not impeach its validity. He Is the legal
OF me ooa ,r ana me b e .or
on such a board?
There is another serious objection to the
bill; it seeks to vest board consisting
of the persons named with the power to ap-
point to certain offices, which power, under
the Constitution, cannot be vested in such
board. The appointment to an office OF
the character named in the bill Is an execu-
tive power and duty; the executive. power
is vested in the Governor, and not in min
ernor when associated with others who
xIxnre
an equal voice with him, is not and cannot
be acting Governor
1t is true that in the distribution of the
powers of government the Constitution Of
the State says that they shall consist of
the legislative, the executive. including
the same supreme law also declares that
the executive power of the State. shall be
care that the laws be faithfully executed"
Now the administrative department is reg
ulated by. Article of the Constitutions the
officers there named are the Secretary,
Auditor and Treasurer of State, and GER
tain county and other local officers.
various administrative offices were in ex-
istence, with ascertained functions, and
to the performances Of the ascertained duties
recognized as incident to the offices named.
II may be true that under these pro
department includes the administrative;
nevertheless, it is equally clear under these
provisions that the administrative does not
include the executive; and when the ex-
ecutive functions are specifically conferred
by the Cons titution upon the Governor, and
such duties embrace the function of ap-
pointment to officers of the character named
in this bill the Legislature cannot give
to board such power. 1t has been said
by our Supreme Court where such a board
as this, composed of persons who We're
that 'tany power authority vested by the
Legislature in the Governor, together with
eoo or eoee with e @ ane be
executive as he alone is vested with the
executive power of the State. Any duty
which by law he IS required to perform in
connection with others in which they have
an equal voice with him can in no sense
be said to be an executive duty. This bill
gives to a majority of a quorum of the
board a controlling power Our Supreme
Court has further said that appointment to
Office be one the duties of which are
necessarily in aid of legislative or judicial
ministrative department, in which latter
cases the power of appointment may be
exercised by department or officer served
There IS a further objection to the bill;
If the officers named to whom supervision
is given of the State prisons be State Off
GERS, then so much of the bill as relates to
the filling of vacancies in such offices is
clearly unconstitutional; for the Consti-
tuition declares that when at any time
vacancy shall have occurred in any ny, other
Vacancy sss1 by appointment alI '''aA '''' s'el1
The power to appoint is not the most
agreeable duty an executive has to perform
With it's attending discomfort and an
noyance. no executive would seek it as a
pleasant duty. But believing it to be a
constitutional right, privilege and function
of the executive, l would be recreant to the
office l hold did not seek by every means
in my command to protect and maintain
these perogatives.
I. contended for this right and principle
two years ago with the General Assembly
and had the support of many who are MEM
bers of both houses of the present Assem-
bly,. L still propose to resist every at
tempt to deprive the office of Governor of
this right, and cannot under any considera-
| ton become party to the surrender to a
| board composed of purely administrative of
| ficers, any of the rights and responsibilities
which, by the Constitution, is placed upon
| the Governor of the State.
PRISON BILL A LAW.