Year: 1864

diation. and frequently expressed bis en-
tire disapprobation of it. To secure the
cooperation Of Mr.. Brett. and to stem the
current of public Indignation which was
setting in strongly against the parties to
this scheme, it was determined in May to
procure an opinion from the Supreme
Conrt, by which Brett could be coerced,
and under which Ristinc and his co-adju-
tors coull be sheltered Accordingly. in
May, Hon. w. III. Talbot. the President
of the Sinking Fund. and who. il is we'll
understood. was one of Ristine's advisers
in this scheme of reputation. commenced
a suit against Ristine in the Circuit Court
of Marion County. asking for mandamus
against Ristine to compel him t, issue
warrant upon the Treasurer for an amount
of money sufficient to pay the approaching
July interest. The Sinking Fund was the
holder of a large amount of our State
stocks, upon which it was the duty of Tai
bott to collect the interest and the bring
ing of this suit was apparently in the per-
formancc Of his duty. 1t was obvious.
however, that il such a suit was brought
it would DO a mere sham. concocted
thing to consummate the original scheme
Of reputation. The history Of the case in
its progress through the Circuit and Su-
preme G ourts clearly established the truth
of this opinion. The history of the case
in the Circuit Court is set forth in the
card OF Mr.. Smock. the Deputy Clerk Of
that Court, which / will read:


"IxDrAxAroL's May ~, 1863.


"In the case entitled The State of Indiana on
the relation Of the Commissioners oft,c Sinking
Fund vs. Joseph Pistne. Auditor OF State. the pa
pcrs were first presented to me by Mr.. Hord, the
Attorney General, on Monday the llth day of
May, with request that the entry prepared should
ut once be entered Of record and transcript made
out and certified for the Supreme Court. This
was INV first knowledge of the case. Mr.. Hord
st ted that the case had been passed upon by the
Court. The papers consisted of n complaint, de-
murrer to complaint. answer and demurrer to an
swer, and of an entry in the hand writing Of the
Attorney General, reciting the ovcrrulling of the
demurrer to the complaint, the sustaining of the
demurrer to the answer, and the judgement of the
Court that writ Of mandate issue in conformity
with the prayer Of the complaint. The Attorney
General wanted me to quit my other work and
make the entry in the order book Immediately,





script could not be made them un.csss !. was made
from the original papers, and before the entry was
made in the order book. Mr.. Hord replied that
he would take it In that way. I supposed 1t was
all right. and that everything had been ordered by
the Court. f'


"The papers we're then taken to the Clerks Of
fice and from them transcript was made out and
certified before any step in the case had been en-.
tered upon the order book and before the minutes
Had t.r.x. a -
cript could be completed in this mode, it was ham
ded the Attorney General. who was waiting at the
Clerks Office for it, he said he received it, that
he hoped to get decision in the Supreme Court
in few days, and that the costs would be paid.


"Aftcr this the entry recorded. When
Judge Fitch read the entry he remarked that he
had not been informed of what it contained-thai
it had not been read to him. and if he had known
its character, it should not have been rccorde -
He struck the entry from the order book with his
own hand, and before the minutes for the day had
been signed.


'fW. c. SMocK, Deputy Clerk"


This certainly beats any judicial time on
record. The summary proceedings of ths
Police Court of New York or of the Old
Bailey in London cannot approach it,
Here the pleadings on both sides had been
prepared out of Court in advance, includ-
ing the opinion and judgement of the
Court. record OF the case procured and
filed in the Supreme Court before the min
utes in the Court below had been read OF
signed: without the character of the case
having been brought to the knowledge oI
the Judge Of the Circuit Court. who. upon
being informed Of what had been done
struck out the entry upon the Order-book
with his own hand. and, as learn from
another source. sent \ communication tc
the Clerk Of the Supreme Court. stating
that the record fled with him had beer
improperly obtained, and that he had no,
decided any such case. lie then took n,
and examined the original complain: ant
decided it invalid, upon the ground tha
the proceedings were wholly prem ature
the time not having arrived when any &c
tion could be had upon the subject. From


this last decision Talbot appealed to tn
Supreme Court. The Supreme Court re
ceived and retained both, records, and thel
The case presented the very novel aspect o
! two appeals pending in the Supreme Cour
at the same time, and only one case in tn
Court below, In q few days opinion
. were delivered in the Supreme Court i
both cases denying the existence of any ap
: propriations by which the interest coul
be paid npon the State debt. And here
t leave the law suit. m,7 -, IS. sfra. +.
: In future times the legal antiquaria
D will pause amidst his researches to exam
Inc this case as the greatest curiosity in th
e annals Of American jurisprudence.
D The dead lock was now placed upo
Q the Treasury. It was full Of money pai
: into it by the people to defray the interes
: upon the public debt, support the Benevo
lent Institutions and Penitentiaries, an
: liquidate all the expenses incident to th
3 operations of the State Government.
s The situation was full of embarrassment
. and responsibility to me. and the affairs q
: the State were in most critical and deli
8 cate position. To have called an Extr
o Session of the Legislature would have re
{ allied the hope Of the repudiators.
t careful examination of the designs an
y temper of the majority failed to preseu
e the slightest prospect that different pol
!. cy would be adopted from that whic
!. prevailed at the Regular Session, while th
Q danger and excitement which then pre-
9 vailed would be renewed with increase
= violence. Every Union member, so far q