The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-07
AS TO THE NOMINATIONS
ELECTION COMMISSIONERS DO NOT
AGREE WITH STATE COMMITTEE.
Appellate Judgeships, However, Not
Worth Much BOther-What the
Governor Thinks of 1t.

The action taken by the Republican state
central committee in announcing that no
Republican candidates would be nominated
for the Appellate Bench regardless of the
decision of the Supreme Court on the ques-
ton as to whether or not there is a vacancy
existing, has not met general support from
the party in this city, according to Jeffer-
son H. Claypool, one of the Republican
members of the State Board of Elections
Commissioners. Speaking for himself to a
state official yesterday he said that if the
Supreme Court decided that there would be
vacancies existing on the Appellate Bench
he would, without any discussion, do his
share in placing the names of all candi-
dates on the ballots, irrespective of the ac-
ton of the state central committee. More
over he felt that he could count on other
Republican support from the members of
the board in this action, and in case the
Republicans refuse to submit the names of
candidates there will be nothing to do but
allow the election of the Democratic nomi-
nees without contest
In the minds of most of the state off,
Gals the impression is fixed that the APP
pellate judgeships are not worth the effort
required to keep them. Among some legal
men the court is not regarded as necessary
now. No Appellate judge can pass on any
question of equity. cannot decide any case
in which is involved any question of consti-
tutonality or the validity Of any city ordi-
nance or state statute 1t has no criminal
jurisdiction in any case other than a mis-
demeanor. and cannot give Judgment in any
case in which more than s., 500 is involved
BY the ordinary course of events it must
inevitably be abolished at the expiration of
its present four years term of extension.
which will come in two years The neces-
sity for its existence is even now past, ac-
cording to an official of the court in dis
cussing the matter yesterday The Supreme
Court, relieved of the load of petty BUSH
ness assigned to the Appellate Court has
caught up with its work which, when the
Appellate Court was brought into being.
was three years behind. If it were thought
to be desirable to do so the court could be
abolished to-day, and the pressure of BUSH
ness on the Supreme Court would be felt but
a short time.
1t is considered probable that Chairman
Hernly, in making his statement that there
would be no Republican candidates noni-
mated for the Appellate Bench was fully ad.
vlsed OF this state of affairs and considered
the matter not worth the effort required
to settle 1T. An official of the higher court
made the statement yesterday that the de-
cision in the case would be handed down
by the Supreme Court by Oct. IS, and that
there was not the slightest doubt but the
court would decide that there were no
vacancies on the Appellate Bench
Governor Mount, who is ex officio a mem
Der of the State Board of Elections Com
mlssloners, said last night in an interview:
I believe that my paramount duty is to
abide by the decision of the law as inter
preted by the Supreme Court This is not
a question in which party considerations
should figure, to my mind, and l shall feel
as any law-abiding citizen would, that it is
my imperative duty to do what the law di-
reefs IN the matter. Moreover as a mat
ter of honesty, the real Republicans will
not wish to question their titles to offices
when the law is shown to be against them.
Party lines should be eliminated in this
matter, and the questions settled as be-
comes honest men. Personally if the de-
cision of the Supreme Court is that there
are vacancies to fill. 1 will do my share
to place the names of all candidates on the