The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-14
A CONTEST IN COURTS
THE GOVERNORS PLAN FOR TEST
ING THE VIEW PRISON LAW.
lied by the New Act to Make
Appointments.

Governor Matthews has retained c. V
Menzies and John r. Wilson as his attor-
neys in the litigation that isto ensue over
the appointing power. These gentlemen
held a conference with Acknowledgement
Ketcham, who is the legal adviser of the
commission which is intrusted with the
appointing power under the law. as to the
shortest and best way to bring the case
to issue He suggested TO them certain
lines which they said they would take
under advisement The next the Attorney
general heard from them was proposition
reading as follows, being directed to the
State. commission:
ION behalf of the parties claiming to be
directors of the Prison North and of the
frnn, South py virtue OF nnas Ib
of 1895, and in order to bring about
speedy adjudication of the rights of these
parties to hold the offices to which they
have been commissioned by the Governor,
and for a speedy adjustment of all differ
ences and controversies growing out of the
construction of the act of 1895, and of the
validity of the appointments made by you
of directors of the respective prisons of
toned in the act of 1895, we respectfully
submit to your consideration the following:
Ihat the e. OF the Two pris
the oath of office and file their bonds with
the Auditor of State, and that the Secretary
of State attest their commissions after
which they shall proceed at once to appoint
a warden for the Prison North and Prison
South. ~
q That the directors appointed by you
members of the commission, by virtue
of the act of 1895, upon certificates of APP
flee and execute their bonds, to be APP
proved by the Auditor of State, then pro-
coed to the appointment of warden for
the Northern Prison and the Southern
Prison.
as members of the board under the act
of 1895, institute proceedings soon there
after as practicable in any court of Marion
county, Indiana; having jurisdiction. AGAINST
pointed by Governor Matthews by writ of
quo warranto, to try and have determined
warden of the Prison North, and we here
by, on behalf of the parties We represent,
agree to eliminate from the controversy
all questions of practice, validity of bonds,
formality of commissions and attestations
of commissions and attestations of the
same, and waive all questions except that
of the right of the Governor of Indiana to
appoint prison directors under the act of
1895. or of your right as a majority of the
board named in such act to make such
appointments. And we further agree that
If deemed necessary a similar suit shall
your directors for the Prison South,
against the warden of that prison appoint
ed by the directors commissioned by the
Governor. and that the Judgment in one case
shall be taken as final and conclusive in
both, and that the Governor of Indiana
will abide by the decision rendered by the
court and issue commissions to directors
appointed by you under the act of 1895. If
the Supreme Court of Indiana, on appeal,
decide Ear such appoirtees are lawfully
entitled to their respective offices under the
act of 1895 Let us hear from you at your
earliest convenience.
The Attorney general said yesterday
afternoon that the Governor was little
disingenuous in this proposition He pro-
poses,'' said Mr. Ketcham, ito have his
appointees duly commissioned and their
bonds approved by the Auditor of State,
but for the appontees of the board of State
officers he proposes that they must take
certificates OF some kind My suggestion to
his attorneys was that ali parties should be
commissioned and the signature of the APP
pointing powers attested, so that each side
might have an equal footing before the
courts. 1t would then remain for the side
which gets, whipped to step out. and let
the other side have undisputed possession"
The Republican State officers met again
yesterday at O'clock to consider the propo-
sition made by the Governor. Governor
Matthews was in consultation with his at
torneys during the afternoon.