davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
CAN DRAW THE FUNDS.
Attorney General Gives an Opinion
to the Treasurer.


Yesterday the treasurer of state addressed
the following inquiry to the attorney gen.
eral: I'm anticipation OF the auditor of state
overdrawing the subaccount of the general
fund known as Indiana militia / desire
to have your opinion in regard TO the re-
sponsbility of the treasurer of state in hon
oring the warrants drawn against this fund.-
and also what bearing Sections 1876, 2143 and
1866 Revised Statutes will have on the re-
sponsibility of the treasurer of state. VIII
Section So, Page is, acts of 1895, operate
against the Revised Statutes?"
In reply, the attorney general wrote: Il
beg to say the Revised Statutes are the re-
suit of the various General Assemblies that
have enacted laws for the government of
this State The acts of 1895 are as much a
part of those laws as anything embodied
in any revision of the statutes. III there is
anything in any previous revision of the
statutes that Is antagonistic TO anything
contained in the act of 1895. Ii Is repealed
by that act. because that is the later enact
ment.
prohibiting the payment of moneys except
pursuant TO provisions made by Law. and
Section 2l43, prescribing a penalty for the
failure of the treasurer of state to comply
with the statutes. and Section 1866. prohibit
ing the auditor from drawing a warrant up
on the treasurer of state unless there is
money i'm the treasury belonging 20 the fund
upon which the same is drawn must ali be
construed in connection with Section So, Of
the act of March 8, 1895. By that act there
is a continuing appropriation ont of the gem
eral fund of the moneys necessary to defrly
the expenses of the state militia, when
called into the service of the State by the
Governor in time of war. etc, and the act
specifically provides hat whenever such
services have been rendered, the auditor OF
state shall draw his warrant on the state
treasurer I'm favor of the Governor, in pay
ment for the services rendered, in accord
ance with the foregoing provisions of this
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13

section. and the treasurer of state shall pay
the same out of any funds not otherwise
appropriated
'The attention of the Fifty-ninth General
Assembly had been drawn by its recent APP
preparation TO Governor Matthews. 10 make
provision for certain extraordinary indebt-
edness that had accrued during his admin
lstration, to the fact that eNigencies were
liable to arise, upon which either the Gen
eral Assembly should be called in special
session or provision should be made TO meet
the exigency. This provision was. therefore,
enacted for the purpose of providing against
the contingent that might, by possibility,
arise.
Congress and the President nave made
known to the Governor that the United
States is in a state of war with Spain. You
know, as do all other citizens, Judiclally
that the President called NJ the Governor
20 nna rs S4iunteers. anu Inat ~ pur
militia into the service of the state, aud 1T
IS to pay these expenses that the warrants
inquired OF are to be drawn. The reqIsl-
ton of the Governor upon the auditor of
state for the funds necessary 10 make these
payments is proper form OF setting in
motion the. appropriation provided Tor by
the act of 1895; and. in my opinion, 1t is en-
t1rely proper trat the auditor should, upon
the requisition of the Governor, .ssue Wal
rants upon yourself, either in gross Of IN
detail for the expenses occasioned by calling
the militia into active service and when
that has been done, the warrants so issued
by the auditor of state are, in my opinion,
in strict conformity to Section 1866, and the
payment by yourself of the warrants would
lation of Section 2143, or of Section 1875, being
Section 3 of Article X of the Constitution.
I'm other words, the requisition of the
Governor, in my judgment, is full and com
plete authority TO the auditor of state to is
sue the warrants, ard the warrants
so issued by the auditor payable to
the. order of the Governor, is full and
complete authority to yourself to make the
payment. so long as there are funds in the
treasury not otherwise appropriated.
1T is true that this appears to be an eX-
traordinary power, and that it confers upon
the Governor of the State a great authority
and control over the public funds, but it is
also true that the exigency is an ,extraordi-
nary one, and is carefully provided for by
the law and the responsibility is, by the
law. placed where, under the Constitution,
it should be-with the executive of the
State. The people of this State have always
taken just pride in the character of its
Governors. They have been without eXcep-
ton honest, and with but rare exceptions,
great and it was eminently proper that in
making this extraordinary provision, the
General Assembly should have placed upon
the Governor the responsibility of receiving
the moneys when paid out anu of being
responsible for their proper application
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
MAYS POSITION.
Views Of One of the Officers High in
Command.

One of the friends of Lieutenant Colonel
May at Camp Mount, in talking yesterday
of the strained relations existing between
some of the officers high in command, said:
"Ths talk, which you hear only oc-
casionally, and then from interested parties,
about Lieutenant Colonel Mays ambition
to run things in this camp is all bosh.
Lieutenant May is a man of excellent
judgment and becoming modesty. Having
been trained in military life, he never makes
a move without knowing what he is doing.
May never had the slightest intention of
offending Governor Mount in any way, or
doing the slightest thing at which the Gov
ernor could take umbrage. Before the war
scare came on, May was a popular man at
the Statehouse, where his knowledge COM
manded respect and where his courteous
bearing won him the friendship of all of
those with whom he came in contact. He
has a high opinion of Governor Mount as
an executive, and so expressed himself long
before any occasion for favor at the
hands of the Governor arose.
ANY talk to the effect that May has used
influence in army circles against Mckee at
Washington is without foundation. There
are two lessons which all West Point men
must learn before they are graduated. One
is to be gentleman in every sense OF the
word. The other is to regard high sense
of honor as the sine qua non of military
life. May is a typical West Point man, and
when you say that it is. unnecessary to say
further about this silly talk of working
against Mckee, matter what the lieu
tenants private opinion may be as to Nc
KEGS qualification commander. If May
were called on by the War Department to
express an opinion, and do not know what
that opinion may be, he would express it
very candidly and very honestly, and he
would have no hesitancy in having the de-
partment make the expression public, but
until there is any call for that opinion
Lieutenant May will keep it to himself,
favorable or unfaVorable.
And furthermore, you newspaper men
have exploited a great deal of additional
silly talk about the officers and men re-
fusing to enlist if General Mckee was not
made brigader, or if this and that was not
done. What kind of patriotism do you call
any such threat as this? Is this a war for
our country or is it a war to give some
men a chance to command? You do the
militia officers an injustice They have
stepped to the front like men, and you
couldn't make the men now sworn in re-
sign at the mouth of a cannon. Please
give them the credit of saying. they want
to serve the government with all their zeal,
no matter whether this or that man COM
mands them / want to tell you that In
diana will distinguish itself in the field with
such colonies as Smith. Studebaker, Bar
nett Gunder and Captain Curtis, supported
by such men as Thayer, May and other lieu
tenant colOnelS.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13

Then the Indiana National Guard. still re-
naming in camp, would never have thought
10 question his right to command"
1t Is the theory of the regular army Off
GERS and the recruited officers of the two
regiments of which Colonel Studebaker as
Sumed the command, that as soon as SOL
oier, company or regiment is mustered in
the United States service he or it can no
longer be under the command of National
Guard officer of any rank. 1t is further
claimed that, even with the four regiments
and both the batteries in the United States
service, Colonel Studebaker will still be en-
titled TO the command. 1t is admitted that
Colonel Gunder has been longest colonel in
the Indiana National Guard, but it is
claimed that time for reckoning seniority
begins with the date of mastering in. AS
the OLD Third Regiment was the first to
muster in the volunteer service, it is claimed
that Colonel Studebaker became the senior
colonel of the Indiana regiments
Additional kilograms received from Sena-
Tor Fairbanks yesterday indicated that Nc
kee would probably be appointed briga-
Last night Adjutant General Gore was in
consultation with General Mckee at head
quarters. What the subject of their con-
veTsation was can only be conjectured but
that as early as practicable to-day it was
ms purpose to pack up the property belong
ing to himself and staff and leave the camp
This action is caused by the fact that the
entire brigade is now mustered into the
volunteer service and there is no longer
any need of his presence in camp.
The Governor has directed that the state
property in the way of ambulances horses
and stores of any description desired by the
federal officers be turned over to the federal
quartermaster One of the intimate friends
of General Mckee last night stated that the
latter had received advices from Washing
ton to the effect that his commission as a
brigader general was definitely decided on
and that it would be only question of a
few days until he would receive it. In the
communication it was stated that none of
the general officers from any of the other
States have as yet received their commits
sions and that when their appointments
were made public General Mckee's name
would be found among them. This news
had a cheering effect on the friends of the
general and they now patiently and con-
tidently waiting for the welcome intelligence
To- .rpit-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
CONGREGATIONAL MINISTERS
Entertained by the Club-CIosing Scs-
sion of the Meeting.

The meeting of the Congregational
churches and ministers, which has been in
session three days at Mayhower Church,
ended yesterday afternoon. In the evening
a banquet was given to the visitors by the
Congregational Club at Plymouth Church.
Following the dinner there was a lecture on
the March of Missionary Work Across the
Continent" by Rev. Joseph e. Roy, d. D.,
of Chicago. The lecture was illustrated
with interesting stereopticon views.
Most of the final sessions of the ministers
yesterday was devoted to the disposition of
matter of business. AT the morning session
Rev. Ralph j. Smith, of Kokomo, was APP
pointed delegate and Rev. VIM. f. Hard
ing, of Orlando, alternate to the National
Council to be held at Portland, Ore, this
summer. In the afternoon Revs. r.. T..
Knopf, of Elkhart; Levi White of Trinity
Church, Indianapolis: E. Sinclair Smith, of
Angola; f. e. Dewhurst, of Plymouth
Church, this city, and Mr.. l.. p. Alden, of
Terre Haute. made report as to the rela-
tons of Ridgeville College to the church.
They recommended that a standing COM
mittee be appointed to look into the finan
cial status of the institution and report to
the next annual meeting, which is TO be
held in Elkhart the second Tuesday in May,
1899. The committee announced Tor this
duty consists of Rev. f. f. Knopf, of Elk
hart, Rev. James S. Ainslie, of Fort Wayne,
and Edmuns S. Boyer, of Anderson. A
resolution opposing the adoption of the CO.
operative missionary. society plan for lndl-
ara unanimously adopted.
A report was received from the commit
tee on resolutions thanking the congrega-
ton of Mayflower Church for it's courtesy
and hospitality. After the reading of the
resolutions one of the ministers said that
he had hoped something vigorous would be
said on the condition of the country and
the war with Spain. 1t was taken by con-
sent that a resolution on this subject should
be introduced in the evening at the ban
quet, but nothing further was heard of it,
The auditing committee reported that 1t
had found the accounts of the treasurer
correct. A resolution asking the annual as
sessment for carrying on the work of the
society the same as last year was adopted.
During the afternoon there were several
addresses. Rev. Theodore Clifton, of Chi
cago. secretary of the congregational Edu-
cational Society, spoke on the colleges and
schools of the church. Rev. j. Challen
Smith. of Alexandria, spoke on the subject
of Higher Standards for the Ministry"
The christians Conception of God" was
the subject of Rev. e. Sinclair Smith. of
Angola Rev. A r. THAN, d. d.. of Chi
cage, editor of the Advance, was heard III
behalf of his paper, which is devoted to the
work of the church.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13

All the Soldiers mt Camp Mount Are
Mustered In.

All the soldiers at Camp Mount are now
in the United States service. the First and
Fourth having been mustered in yesterday.
Last evening Governor Mount wired Secre-
tary Alger that the last soldier of Indianas
quota under the Presidents call of April Is
had been mustered in and that State au
thority over them having thereby ceased,
they were at the disposal of the War De-
partment.
The bright, cool weather of yesterday and
the knowledge that the ceremony of mus
tering into the federal service of the First
and Fourth Regiments and Battery f, of
unusual number of visitors to the camp for
a week day. The crowd centered at the
right of General McKee's headquarters,
where all day companies marched to and
fro, being counted and roll-called and finally
mustered and sent back to their quarters.
The outer edge of the crowd was fringed
with carriages. Though the process of mus
tering in was changeleSS with every COM
pany and the voice of Colonel May grew
monotonouS as he repeated again and again
the oath of allegiance the crowd felt in
duty bound to applaud after each company
had answered I'VE do
From morning until evening the bands
played, the boys cheered after they had
become bound to Uncle Sam, visitors
girls, and though there were many pretty
ones among them the boys off duty lay
back on the grass and sighed, Lord, how
long have we got to stick here?' The
daily grind of drills and guard duty, the
daily disappointment as to the time of
leaving for the South fall desperately on
the soldier boys and inconsistencies tugs
stronger and stronger at their hearts.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
Wants to Give Wright n Place.

The hope of some plan by which Colonel
Wright's services may be secured by the
Indiana troops is becoming stronger each
day. All of his old fellow-officers of the
hospital corps are DESTROYS of seeing the
plan worked out in some manner to this
end, and instances of a sacrifice of aspira-
lions on their part are frequent. TheGmost
persistent of Colonel Wrights old followers
in this direction is DIR. Charlton, chief sur
geon of the Second Regiment, who has al
most daily requested Colonel Wright's per-
mission to retire in his favor Colonel
Wright has on every occasion refused to
accept the sacrifice thus offered, and is still
waiting for the accomplishment of some
plan by which he go to the front with
out having to displace any of his old asso-
ciateS.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13

David Munson, of this city, veteran of
the civil war, called on the Governor yes
terday for the purpose of offering for the
benefit of the Indiana soldiers infallble
preventives for yellow fever and small
pox. He claims to know from repeated ex-
perience that the smallpox preventive is
also cure He says it will cure the most
virulent case in from three to six days. 1t
is a very simple remedy which he promises
to give to Colonel Wright or to the surgeon
to whom it ought to be given. The preven-
tive for yellow fever is one which he knows
by reputation only. 1t is one recommended
by an old commodore of the United States
mustard taken three times a day in whisky
Mr.. Munson says he is too old to go to
war, but is anxious to serve his country in
any way possible, and he believes by serV-
ing his fellow-men he can best be of value
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
May overrench themselves.

The evident desire on the part of local
horse dealers to raise the prices of their
animals to eXorbitant figures has been car
ried broadcast through this section of the
country and has come to the ears of the
federal officers. Yesterday it was stated
at Camp Mount that the board of inspec-
ton recently appointed to purchase horses
which they were TO be held up in the hour
of emergency and had decided to purchase
their animals in Chicago rather than run
the risk of being at the mercy of the local
dealers. Whether the story is true in all
its details, it is impossible to learn, but
vouched for by several officers in camp.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
IndianapoIis Reserves.

A new military company, known as the
Indianapolis Reserves, has been formed and
meeting with success. The company meets
for drill every Monday and Friday nights
in the spacious drillroom of the courthouse.
An examination of the roster. shows a list of
sixty-one names. The officers are: Captain
Daniel l.. Brown, jr.; first lieutenant, Clar-
ence Tucker; second lieutenant, Ira M.
Holmes 1t is the purpose of the company
to answer a second call for troops, and in
case they are not needed to offer themselves
to the State as national guardsmen.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
HospitnI Stores AMID Chests.

All of the superfuous hospital stores were
yesterday checked in to the state officers, to
be stored away for the use of the future
Indiana National Guard. The material COM
prised in the lot is that used by the two
batteries of artillery which will have no
hospital corps or surgeons under the new
arrangement. The medicine chests, which
were at first thought to be impracticable
for transportation by the regular army au-
thorities, are now thought to be too good
to be left behind. and each regiment will
accordingly take along with it its old Ma
tional Guard chests The fiattering state
ment was made to Colonel Wright, who was
the inventor of the chests. that the War De-
partment had been so favorably impressed
by their compact construction and general
utility that they had decided to order 100 Of
them for immediate use in the army from
w. H. Armstrong & Co., the makers, of this
citv
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
Especially Adapted for the Invalid
KNEW He WAS GOING INSANE.
UhOmas Beheimer Felt His Reason
Going and Asked to he Locked In.

Thomas Beheimer. aged thirty-eight years,
living at 10S Frazee street Haughville
walked into the police station last night
and asked to be locked up. To Sergeant
Hyland he made the statement that he be-
lieved himself on the verge of insanity and
ne desired TO be placed in confinement. Capt
Dawson talked to the man and decided to
lock him up. Beheimer talked nationally
enough. telling the captain that he felt he
could not control himself and knew he was
losing his mind. Beheimer lives With his
sister. who later I'm the night talked with
the police, and expressed the fear that her
brother was becoming demented.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
Camp Notes.

Former State Quartermaster General
Samuel Compton was yesterday appointed
first quartermaster of the First Regiment,
and w. t. Cox. formerly brigade quarter
master sergeant, was appointed quarter
master sergeant under General Compton.
Another case of measles has broken out in
Camp Mount. George Glass. of Company r,
from Ossian, Fourth Regiment. was found
to have all the symptoms yesterday morn
ing and before they had developed to any
extent he was taken to the City Hospital
for treatment, and it is not thought that
there will be any spread of the disease.
Major Poland, now serving as adjutant to
Major Condo, of the Second Regiment, was
himself with the regulation saddle cloth of
blue, trimmed with white, bearing on the
corner. instead of the familiar figure 80"
the characters ''15I." He was the recipient
of many cheers as he rode up the driveway
with his new equipment.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13

James Ludington, bugler in Battery r, Of
Fort Wayne, was recently the recipient of
token of the regard felt for him by the
people of his home city in the shape of a
gold bugle beautifully engraved and in
scribed as being the gift of the different
Grand Army posts and the citizens of Fort
Wayne generally. The recipient is an or
phan, Who has been educated in the Sol
diers Orphans Home, and has by his
manly qualities made name and place for
himself in his old home that has filled his
friends with pridn.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13

A great wall of disappointment is going
up from a number of Battery A men who.
though passed and accepted by United
States surgeons. were yet compelled to with
draw This is due to the unexpected receipt
of orders from the War Department TO re-
duce all light batteries to 125 men. As 153
men had passed the examination. twenty
eight We're barred from going to the front.
1t is stated, however that these men will
be held in reserve for future emergencies.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
Raper Commandery Anniversary.

The fiftieth anniversary of Raper Com
mandery. knights Templars, will be held to-
day. Communicates from Terre Haute,
Greenfield, Knightstown, Richmond, Shell
byville, Franklin, Columbus, Lafayette,
Frankfort, Kokomo. Muncie and Crawfords-
vile will assemble at Masonic Temple at 10
a. m. At p. m. there will be a street
parade. Following the parade the knights
will march to the Union Station, where, by
courtesy of the MonOn road, they will be
p. m there will be a banquet at the Scottish
Rite Temple.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13
Hospital Corps No More.

The breaking up of the old brigade hos
pital corps is now an accomplished fact
The unassigned portion was sent to the
homes of the several members last night
The detachment consisted of M. II. Pearson,
r. Masquelette and j. Fankbonner, all of
Marion, and +. j. Boatman and Ross Moore,
of Indianapolis. The men felt very badly at
having TO leave their old comrades, but all
chance had gone of their getting appoint
ments, and they accepted the inevitable by
leaving the camp.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13

1t was not woman's voice but that of a
fuIl-grown man that called up the Journal S
telephone last night. Presumably he was a
Democrat, for he asked if this was the
Sentinel. He was told it was the Journal.
ooh, it's the Journal. Well, / guess you'll
do. Will you answer me a question:
He was told that the effort would be made.
'Well,'' he continued 1--WE noticed a state
ment in to-night's Evening News that Spain
will sue for peace. Now what court can
Spain sue the United States in and what
kind of proceedings would she bring?"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13

John Hoyle, just released from the work
snouse for attempting TO assault his Wife
with q knife, yesterday went to 1l2s
Fletcher avenue. where the woman is EN-
plOyed. and threatened to kill her. He ran
everybody out OF the house and caused a
connection IN the neighborhood. Bike"
Pasrolmen Holtz and Wallace arrested
Hoyls and locked him up.