The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-06

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treasurer and auditor of state accordingly
borrowed $165,O00 and paid the July interest
of 1888. In 1889 an act was passed specifically
directing the treasurer TO draw each year an
amount sufficient for the payment of such
interest and to transmit the same to the
place of payment in New York This, too,
was considered TO be an appropriation.
OBSTRUCTIVE TACTICS.
Now, however, Mr.. Hord, the Democratic
attorney general, at the request OF Mr. Ris-
tine, the DEMOCRATIC auditor, prepared and
published an opinion that the money could
not be so drawn from the treasury.
1t was believed that the purpose of this
opinion and of the auditors refusal to draw
a warrant for the interest was to compel
Morton to call a special session. The Dem
ocrats wrote edifying homilies on "the
honor of the State" and declared that the
Republican Governor alone had power to
redeem its pIighted faith by calling the
Legislature together
Morton on April Is addressed letter to
James Winslow, a member of New York
banking house by which the money to pay
this interest was afterwards advanced, con-
tanning argument in answer to the Opin-
ion of Mr.. Hord. He referred to the previous
practice of the Legislature and of the state
officers, to the opinion of Mcdonald and to
the fact that in April, 1868, the attorney
general had himself obtained from the aud
itor, without a specific appropriation,
warrant for his own salary
Gratis and called 'yaller kivered literature,
and the attorney general published a reply
in the Sentinel. Brett, the treasurer of
state, Gid not enter willingly into the scheme
of reputation. In order to secure his CO.
operation Rstine and Hord determined to
get AN opinion of the Indiana supreme
Court confirming their views. A Mr.. Tai
bot one of Ristine's advisers and presi-
dent of the sinking fund commissioners,
who held state bonds, brought suit for
mandamus in the Marion Circuit Court to
compel the auditor to issue a warrant for
the July interest. The papers in the suit
We're presented to the clerk Of the Circuit
Court by Attorney General Hord on the
18th of May, with the request that judg-
ment requiring the issue of this interest
warrant should be at once entered and a
transcript made out for an appeal TO the
Supreme Court. HOrd said to the clerk that
the case had been passed upon. transcript
was accordingly certified before any step
in the cause had been entered upon the or
der book of the Circuit Court and before
any minutes had been read or signed by the
judge. This transcript was handed to the
attorney general, who said that ne hoped
to get the decision of the Supreme Court
in few days.
When Judge Finch. of the Circuit Court
read the entry of judgment he remarked
that he had lot been informed what it
contained, and that If he had known It's
character it would not have been made,
and he accordingly struck 1t from the
record. He then examined the pleadings
and decided that the proceedings were pre-
mature as the interest was not yet due.
From the last decision Talbot appealed
The Supreme Court received and retained
both records in the same case, one showing
that mandamus had been ordered and the
other that it had been refused. The court
considered both cases, brushed aside all
other questions" and proceeded to decide
whether there had been any appropriation
for the payment of interest the state
debt. Morton's letter to Winslow was filed
as a brief in both cases
The Supreme Court was then in Demo-
cratic hands, and political bias sometimes
tainted it's decisions. Judge Perkins deliv-
cred the opinion in the first case and Judge
Hanna in the second.
Perkins declared that the nonpayment of
interest would cover the State with dis
honor" but that the Constitution had pro-
session of the Legislature. His argument
was long and rambling. He recited the
safeguards of English liberty, Magma
Charta, the petition of right, the habeas
corpus act, the bill of rights and the act of
settlement. He quoted Macaulay, Hallam
Adam Smith and the treaty with Mexico.
me state officers, he said, must not assume
doubtful powers, since this would. be usur
patton. Usage was not binding. The con-
struction asked for in Morton's letter re-
v1ved the worst habits of official discretion
in the days of the Tudors and Stuarts
Judge Hanna held that neither the act of
1916 nor that Of 1859 was an appropriation.
CRITICISED THE COURT.
The purpose of the suit was to compel
Morton to call a special session. The Re-
publicans denounced 1.-The fraudulent APP
to the Legislature in 1865, said: without
intending any disrespect to the eminent tri-
bunal by which this case was decided I
must be permitted to observe that the his
tory of it's origin, progress and conclusion
was such as to deprive it of any moral in
fuence. and that the principles upon which
the decision was made have been since
openly disregarded by the auditor and
treasurer of state in the payment of large
sums Of money to the public printer"
Despite the decision of the Supreme
Court, Morton did not intend that the cred
it of the State should suffer if he could
help it. He would raise the money with
which to pay the interest on the bonds as
we'll as to conduct the military operations
of the State.
On June the Republican members Of the
Legislature and other prominent men in
the party came together in Indianapolis for
consultation. The opinion was unanimous
against a special session. The Democrats
now said that nothing but legitimate bust
ness" would be transacted. But the Repub-
lcans asked why should the Legislature
be called tOgether?" 1t was, they said the
wickedest and most malignant body of the
kind that had ever met. The promise that
no political measures should be introduced
had been given only the day before the at
tempt to pass the military bill. The Demo-
Gratis We're not to be trusted.
The Democrats now urged a special ses-
sion on another patriotic ground. "to pro-
vide for the needs of the Indiana soldiers. -
mo one knew" they said. lat what mo-
Inent reDel 1Orce might appear on the bOr-
der and invade the State" But this exhor-
tation was made to deaf ears. Morton
meant to provide for the soldiers but not
by calling the Legislature together He
suddenly left Indianapolis and it was Civ
en- out that he was at Centerville
The fact was, however, that he had gone
to Washington to get money to provide for
the Indiana soldiers and to pay the inter-
est on the state debt. He first had an in
terview with the President. Lincoln wanted
to help him. but saw no way of doing it, Il
know of no law" lie said, under which
can give you the money" Finally he re-
ferred Morton to Stanton and the Gov
ernor betook himself to the war secretary
STANTON TOOK, A HAND.
These men had been cast by nature in
the same mold. They had become devoted
friends. Morton had called upon Stanton
some time before on public business. Stan
ton was brusque irascible, repellent. lie
had no time to listen to the Indiana Gov
ernor. But Morton had stayed till
he was heard and until his bust
ness was accomplished. The intercourse
thus born of common public aims
had ripened into a firm and lasting
friendship. Morton now laid his troubles
before the secretary, and asked for help.
He told Stanton that Lincoln knew of no
law under which he could aid him by
God, | will find a law said Stanton, and
he did. An appropriation of two millions
had been made by Congress in July. 1861, to
be expended by the President in supplying
arms to loyal citizens in States threatened
with rebellion, and in organizing such citi-
Zens for their own protection against do
mestic Instruction Indiana $50 Stanton
heidi was threatened with rebellion. The
terms of the appropriation We're, perhaps,
sufficient to cover the military expenses of
State. thew hardly