The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-03-17
Apnointmentst tn state Oaices

To the Editor of the Indianapolis Journal:
Announcement has been made from time
to time through the public press of the
State of the appointment of various men,
bers of the Legislature for positions at
the hands of the present Administered ton, ii
being recently announced that MIR. Hanna,
of indianapolis. had declined position on
the board of control of the new State Re-
formatory. and that Governor Mount had
offered the position to Senator HoSate, of
Danville, Ind. This announcement and the
one recently made through the daily papers
of Indianapolis that Governor Mount had
rendered the appointment of judge of the
Jay Circuit Court to Senator La Toilette,
has created quite discussion in legal cir
cles in this county, many attorneys
pressing the belief that, because of our con-
stitutional provision. Senator La Toilette is
ineligible to accept the position. Your cor
respondent hearing this discussion and
being intere led in the question INTERVENE Il
quite number OF the lawyers OF the Ran
dolph county bar, and has concluded that.
under the constitutional provision referred
TO as follows, mo senator or representative
shall. during the term Tor which he may.
be elected be eligible TO any office the
election 10 which Is vested IN the General
Assembly, nor shall he be appointed 10
any civil office of profit, which snail have
been created the emoluments of which
have been increased during such terms:
but this latter provision shall not be con-
strued TO Apply 10 any oihce e4eUuve ny &c
people, IL l. barely possible Senator La Fol
lette might accept The office rendered him
by Governor Mount as Judge of the new
Jay Circuit Court, but il is certainly i'm
possible for Senator Hogate TO accept the
position rendered him. ilaSmuch as the OF
nee was created by the Legislature of
which he WAS a member. Is one not
elective by the people. Ii the words of
flee of profit governed by the term
Lucrative office, then, inasmuch "a
compensation is fixed, the ONCE OF board OF
control is an office of profit. 1t has been
held by the Supreme Court that every
office tor which there is compensation pro-
vided by law for the performance of duties
is u lucrative office" In the case of How
ard ct al VS.. Shoemaker, auditor of state
ct al. l3o Indiana, Page I'D, the Supreme
Court held that the office of mayor of a
city and of director of the State tPrison
are both lucrative Offices. So, il the
words office of preht' be construed to
mean "a lucrative Office" then, under the
constitutional provision, no member of thu.
last Legislature could be appointed to any
office which was created by that Legsla-
ture during the term for which such MEM
Der was elected.
The Governors intimate relation with
members of the Legislature coming I'm con-
tact with them in the administration of
their respective duties, would give him "a
better opportunity to Judge of the compe-
tency ana qualifications OF applicants than
the usual application and Letters or indorse-
ment, and might be able TO make "A bet :
ter selection and appoint more competent
ofhcialS by appointing a member of the
Legislature than he would otherwise but
many Well-nformed citiZ ms believe that IL
would be establishing a bad precedent for
the Governor TO select his appointees for
the various offices ut his disposal from the
legislative branch of the government es-
pecially to fill the offies created by thar
Legislature. Tie tendency of such Il course
might be To create Il multiplicity OF offices
and make excuses for the creation of posi-
tons which might be of value to the
public and might lead to serious compIica-
tons by reason of combination between
the executive and legislative branch of the
should be left absolutely independent OF
each other. and no combination between the
executive and Legislative branch ever ouglu
10 occur.
The appointments proposed by Governor
Mount are excellent selections The gentle
men who have been named are Thoroughly
competent for the positions for which they
| have been selected. and 10 imDroner
thought has ever entered the head of the
Governor or the mind of the legislator in
making them. but in the hands of a de-
signing executive or a corrupt Legislature
| this precedent might lead to embarrasino
conditions Enough competent men ought
TO be found to fill the offices without ca.
| lecting any member of the Legislature who
had anything TO do with the creation OF
| the same. -
This Is not intended as a criticism eitbe,
OF the Governor or of the members of the
Legislature, whose names have been slIg
Sested Tor the various positions but Is
| surely worthy OF their consideration. W.
CnicH City Ind. March 16