Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-07-16
HOUSE SPEAKER
is TRAPPED IN
GOODRICH NET
Governor Threatens to Cast
Eschbach' Out Unless He
Pushes Program.
HOLDS TWO GOOD JOBS

The ends to which the Goodrich 80
ansnistration viii go in order to perpetu-
ate it's control on the state Legislature
sSTas made apparent in the election Of
Jesse Z. Eschhach of Warsaw, chief of
sstate accounting board. as speaker of
sbe house of representatives for the spe-
sial session.
; The speakers election was protested
shy Representative ]. L. ABBY Of Law
Fenceburg, on the ground that under the
sconstitution he can not hold two lucra-
tive offices at The same time.
Mr.. Axby's objections were overridden
my the republican majority.
: sEschbach, sensing the gathering storm.
sfad resigned IS head OF the accounting
board, In order that he might preside
ias speaker
His resignation was offered, it is gen
serslly understood. under the belief that
Gov. Goodrich viii reappOint him after
the session.
s According to reports. prevalent about
The statehouse, however, Eschbach, who
sJas exercised considerable independence
pn the accounting department, has been
senmeshed in an adroit political move en-
7gineered by Goodrich.
5 It is said the governor, now that he
fbss Eschbach's resignation in his hands,
Ssnay threaten to appoint another man in
his place unless he follows executive or,
fders in expediting the Goodrich bills.
FEARS LOSS
tOF FORMER OFFICE.
! Eschbach, now fearing the loss of his
sonice, is expected to follow the gov
$srnor's bidding, according TO his close
.sfriends.
In protesting against the selection Of
tEschbach, Representative ABBY set out
the following points:
NO person shall hold more than one
lucrative Office at the same time Consti-
tuition Of Indiana, article II, section Q.
THE Office Of member Of the general
assembly. Of a state is a lucrative Office
"a person holding the position of chief
Examiner OF the department of inspection
sand supervision Of public office, occu-
&pies q lucrative Office.
The constitution prohibits Mr.. Esch-
bach from holding both Of these Offices
at the same time
"At the time Mr. Eschbsch was ap-
tpointed TO the last-named Office he was
member Of the general assembly Of the
state of Indiana. When he was appointed
TO the second Office, such appointment
and his acceptance operated, as a mat,
ter Of law, TO vacate his Office as a mem
4ber Of the general assembly.
cit is we'll settled that the acceptance
OF a second Office Of the kind prohibited
4operates ipso facto to absolutely vacats
The first"
CITES NUMBER
toF AUTHORITIES.
Mr.. ABBY then cited a number Of au-
liberties to prove his contentious and
continued:
s'No judicial determination is there
fore necessary to declare vacancy in
THE first office. but the very moment the
new Office is accepted the old one be-
Acomes vacant.
"As is said in one case. his acceptance
of the one was an absolute termination
of his right to the other. and left no
shadow OF title so that neither quo war
ranto nor motion was necessary.
"A resignation by implication occurs
when the occupant of an Office accepts an
appointment to another Office incom-
tpatible with the former one.
! when Mr.. Eschbach accepted the Of
tfce Of state examiner Of the department
tof inspection and supervision OF public
taffairs his Office as a member OF the gen
[eraI assembly bsfame vacant at once
tby operation Of law.
"Sinee that time the office has re-
manned vacant and he has today no
shadow Of title to the Office Of repre-
sentative for the district from which he
was elected.
"The Office thus made vacant can be
killed only by a special election. called
by the governor to I'll such vacancy.
as provided In article 5, section 10, Of
the constitution.
sFACT DOES NOT
4RFINSTATE HIM
"The fact that Mr Eschbach may have
resigned his Office Of state examiner does
not rsinstate him IN his former Office.
sBefore he could be entitled to serve
N such Office he would have to be re-
elected By the people Of his district.
i seSVhen the Office became vacant by his
acceptance OF the new Office. the people
were entitled to I'll the vacancy by elect
ing a person Of their own choosing.
SHe cannot. BY resigning the new Of
ice. take back again the Office he vol
untarily abandoned.
( sTnder the constitution OF this state,
tg- construed By the supreme court. Mr..
E.schbach is not a member of the genera!
assembly, and has not been such mem
Der since the time he accepted the new
koffice.
ssHe is not entitled to sit as a member
OF this body, or preside over 1t as its
speaker.
every member Of this body has taken
an oath to support and uphold the con-
stitution Of this state
You cannot, under the constitution.
recognize Mr. Eschbach as speaker, FOR
he is not a member Of this body; you
fcan not permit him 20 preside over your
deliberations unless you are willing TO
disregard the oath that you took when
you assumed the duties Of your office"
Another member of the house, Truman
p. Tillman Of Boonville representing
vanderburg and Warrick counties. also is !
said to be an employe Of the state board |
of tax commissioners.
sTILL HOLDING
TWO LUCRATIVE JOBS?
Tillman, however. has not made tech /
nical resignation and, according to infor- !
nation about the house is still holding 1
two lucrative positions under the state
The right of Gov. Goodrich to defy the .
state constitution by not calling special /
elections to I'll three vacancies in the f.
state senate was questioned by Senator |
Edward P. Elsner Of Seymour
He presented a resolution asking that /
a committee be banned to inquire OF the |
governor why the vacancies had nor been /.
filed.
The motion was defeated by the re-
publican majority, however.
The yaca ncles were caused by the death /
Of Austin Re;EeIfOrd Of Anderson; the
Resignation Of Glenn TanAuken OF Auburn
TO accept place on the public service
commission, and the conviction of