The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-06-09
Although Two Courts Have
Ruled on the Case It Is Still
As Much in the Air as II
Ever Was.
RULINGS RENDERED
ARE.vERY PECULIAR
Republican Judge Rules for
Republican Appointee, DEM
ocratic Judge for Demo-
cratic Appointee.

Indianapolis. June 9.-The question
Of who shall appoint the custodian OF
the state house Is up in the air just az
far a. ever. although two courts have
decided the question. One court de-
cfded one way and the other court
took Just the opposite view and gave
Directly contrary decision.
It Is remarkable coincident that
. democratic Judge decided In favor
~ the democrats and republican
Judge decided In favor of the repub-
leans Both cases will now go to the
supreme court for final determination.
MarshaIl's Position.
Soon after Governor Marshall be-
came governor he took the position
that he had the power to appoint the
custodian of the state house. He said
this formerly was the law, and that In
1895 the legislature passed an act
placing the appointive power in the
hands of commission composed of
the governor. the auditor of state and
the secretary OF state. but that Cover
nor Matthews vetoed the bill. It is
matter OF history that Governor Mllt-
thews did veto the bill and that when
his secretary. Myron y. King, started
to deliver the veto TO the house he
was set upon by mob in the corrii-
doris of the state house and prevented
from reaching the speakers stand in
the house until after the house had
adjourned sine die In the fight some
one took the bill and the veto away
from King and threw them into the
fire In the CRATE in the house and
they we're destroyed. When 1t came
time to print the acts of the legisla-
ture Of 1896 in book form after the
close of the session 1t is said the Sec
rotary Of state had to use q copy of
the bill as it was printed before it
was passed.
Was Not Legal.
Governor Marshall says this was
not legal and that since the constitu-
ton requires the clerk Of the house to
deposit with the secretary Of state the
enrolled act as passed by the two
houses and signed by the officers of
the two houses. no other copy would
do. He holds therefore that the 1896
act never was in force. He pointed
out also that all governors since that
time acted under the old law and
made appointments of custodians.
Sims and Billheimer took issue with
the governor in this matter, and re-
fused to agree with him that he
should make the appointment. They
claimed that the appointment should
be made by the commission. II the
governor made the appointment the
custodian would be a democrat II
the commission made the appointment
the custodian would be a republican.
for Sims and Billheimer are republi-
cans.
Appoints Colbert.
But Governor Marshall went ahead
and appointed Thomas F. Colbert, of
this city, as custodian, and Colbert
made demand for the keys, but o. A.
Baker. the then custodian, refused to
give them up. Then Sims and Bill
heimer appointed Charles Wheeler, Of
Noblesville. chairman of the republi-
can committee of Hamilton county,
and Baker turned the keys over to
him. Than Colbert sued Wheeler for
possession Colbert also appointed
Michael H. Cain, Of this city, as state
house engineer. Cain made demand
on Samuel Shut for possession of
the office and Shut refused to give
up. Then Wheeler appointed Shut
for another term and Cain sued for
possession.
The engineer case was decided BY
Judge Remster, democrat, Judge of
the Marion circuit court, in favor OF
Cain. The custodian case was decid-
cd by Judge Carter, republican, Of the
Marion co,S<ty superior court. OF
course. both cases will go to the su-
preme court. and in the meantime
Wheeler and Shut will hold the Off
ces. In giving his decision Judge Car
ter said he could not take notice Of
rumors that riot had occurred at the
state house which prevented Governor
Matthew's secretary from delivering
thu veto to the house. The law Is on
mo statute books. he says, and the
court cannot go behind the face of the
Law.