The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-05-29
PRISON CASE ARGUED
THE HARLEY-FREyCH wARDENSHIP
NATTER BEFORE SUPREME COURT.
Contention of The Republicans as to
Legislatures Powers-DOinss of
leila NicoIaus Recalled.

Yesterday morning, in the Supreme Court,
oral argument was heard in the appealed
case, from LaPorte county, in which Charles
Harley, recently appointed warden of the
northern penitentiary, seeks to GUST the
present warden, j. W. French, who is now
holding on to the position under the con-
tention that the appointment OF Harley was
illegally made. Harley was selected by the
Republican Members of the benevolent in
s~titution appointing board, the Governor re-
fusing to act with the other members. and.
as possession was denied him, he brought
suit in the LaPorte Circuit Court to Gust
French. The attorneys for French demurred
to the complaint and the demurrer was
overruled by the court. 1t was on this rul-
ing that French appealed the case.
The history OF the matter dates back six
years. Until that time there was no oppo-
sition TO the system of the Legislature
selecting the directors for the prisons. At
that time Governor Hovey claimed that
the appointment of the directors was a
prerogative Of the Governor and refused 20
commission the directors selected by the
Legislature. Suit was brought and the
court ruled against the Governor. 1t was
held by the court that the prisons are in
the hands of the Legislature; that the
Constitution provides that the Legislature
shall provide for their conduct and mainte-
nance, and that. as they had been man
aged by the Legislature ever since. the
Constitution went into effect, in 1851, 1T
was now virtually out o. the power or the
court to say that all, this time the Con-
stitutfon had been violated.
When the Republicans gained control of
the Legislature they did the same thing
the Democrats did six years before-pro-
vided for the appointment of the directors
by the members, or rather by a board Sc
lected by the Assembly. The Governor re-
fused to act with the board, claiming ii
Was beyond the power OF the Assembly 10
create such a board, which was composed
OF the Governor and other State officers.
The other members then selected Charles
Harley as warden of the northern prison,
and the Governor refused TO issue a COM
mission to him. The attorneys for French
claimed that the appointment TO office Is
intrinsically an executive act and could
not be delegated 10 ministerial or statutory
of1cerS- II was also claimed that the eN-
ecutive capacity of the Governor could not
be blended with that of the other officers
and the fact that he was made a member
of the board did not cure the defect. They
claimed the only instance in which the
Constitution authorized the association of
the Governor with administrative officers
was in a board of pard0ns.
The position of the relation is that. what
ever powers the Governor possesses in re-
gard to the appointments is conferred upon
him by the Legislature and not by the
Constitution. He claims the executive power
includes the administrative power. The only
provision of the Constitution empowering
the Governor to appoint was in case OF a
Assembly rested the other power. 1t is
claimed that the imposition of duties does
not create an office but a new duty in the
line of administrative authority.