Greenfield Republican, Greenfield, Hancock County, 15 November 1889 — Page 2
THE REP ITBLICAN.
Pnhlixhpd by
W. S. MONTGOMERY.
GREENFIELD. INDIANA
THE man who koeps an exact cash account of his daily expenses srene*H"y earns an expert bookkeeper's salary In trying to remember wh/^ro the money went.
FAIUS and festivals are the outward flourishes of civilization. Thoy, iu a Bsnse, symbolize the material condition •f the people who look at others but really see themselves.
DEIAAWAIIE county, Pennsylvania, tet her one hundredth anniversary go by without kin.? note of it. When people have been asleep too long liiey •over know when to wake up.
Ax lotva man thinks he is invented a way to bottle up sunshine, out he has to look after it with a. lantern after dark. The only way wo know of to keep sunshine is to bottle it up in your heart
THERE is a new market opened up for the sale of postage stamps. The ez:tr of all the Russias is making a collection He is reputed to be the m)st reckless and liberal buyer who ever entered the market.
A WEST VIKGINIAX got a marriage license the other day and crave the lady's last name wrong. When notified of his mistake ho said he really didn't know what her name was. The wedding ought to have been postponed, but it was not.
THE ban an a, which was a luxury aot many years ago, is now pedaled about the streets as commonly a= our #wa apnles, and oranges and other semi-tropic and tropical fruits are. in their season, within the reach of even She poorest o' our people.
THE painter's brush is liable to wipe out of literature a commm phrase—"the bl ck monsters of the deep." The new war vessels have been painted white an I there is a prospect that in the future white will take the place of black on war ships.
THE SwisK army has /.doplecl smoke-
for they could quietly steal out during Ihe singing of the hymn.
SOME of the morning papers pvbiished in Mexico go to press at noon of the day preceding, and all before 8 o'clock p. m. Either they have so large a circulation that as much time as this is necessary 1o run ofr else tho number of subscribers is so small that it rea'lv does not -kc tiny difference when they go to press.
THE time mad^. on roads in Belgium, (ierma.ny, ••uul llolla.n.1 is not so st in England :tnd Scotland, for th re son that the ro:ul• owned and co:itroliod by the governments, aal therefor3 there is no competition or advertising fast trains ou this road or that. These road- have crossings at jr i:le, an 1 they have drop gat'.'.-? an 1 wat.-hmen at every road crox thei:* lines.
THE Russian nobles aro rushing to bankruptcy in g1'.at numbers. The «re tit bank lor k-ndiug money to them i-jn iri.:udgage of their land establish3.1 by the government two or thro?, yo.trs age, has now no iess than 2,0.).) estates which will have to he sold by public auction for non-payment of interest on lo i'l-s. Toe qu 0 ion who will buy this enormous arnountof properly
of the most enn.-picior.s as well
as one of :h i:iot pleasing evidences of the jr.o-d. wonderful development oi trens-.poriaUon facilities durinjr the past Uveri!y-'ive
years
is that exhibit
ed on the frr.it !:lands. The luscious prodir lo of orchards, vineyards and pi illations in ail p.ues of the world are new hrou_:h! to every state of the 1"::: .and told at remarkably low 'i{-
WAS there ever such a history as th:it of the cotton seed':' For seventy years despi-ed as a nuisance, and dumped as garbage, then discovered to be the very food for which the soil wits hungering, and reluctantly admi tied to the rank of utilities shortly afterward found to bo nutritious food for boast as well as for soil, and thereupon treated with something like respect.
"7
1
TALMAGE IN ROME.
The Brooklyn Divine Preaclis3 Und3r tha Very Shadows of St. Paters.
"I must Also See Rome," Was tha Thorns of nis Eloquent Discourse—He Follows in the Footsteps of tao Apostle Paal—A Full Report.
Ten days after writing his letter on board the steamer city of Paris, announcing his departure for tiie Holy Laud, lie v. T. De W itt Talmaire sp.iketo a large congregation in the ty of Home, from the text. Acts l-\ 21: "1 must also see Koine." A full report of Ihc sermon fol.ows:
Here is Paul's itinerary. He was a traveling or circuit preacher. He had been mobbed and insulted, and the more good he did the worse the world treated him. Bat he went right on. Nov/ he proposes to go to .Jerusalem and say3: "After tiiat-1 must tilso t-eo Homo." hy did he want to visit this wonderful city in which I am today ennitted to stand! "To preach the Gospi-1," you answer. No doabt, of it, ut there were other reasons why ho wanted to see Kome. A man of Paul's inte litrenoo and classic taste had fifty other reasons for wanting to see it Yoar Colosseum was at that time in process of erection, and he wanted to see it. The Forum w.s even then an old structure, and the elouont apostle wanted to see th.it idding in whii eloquence had so often thundered and wept. Over the .Appian ay the triumphal processions bad alieady marched for hundreds of years,and he wanted to see that. The Temple of Saturn was already an antiquity, and he wanted to see that. 0 he architecture of the world renowned city, he wanted to see that. The places associated with the triumphs, the cruelties, the disasters, the wars, the military gen us, the poetic ind the rhetorical fame of this great city, he wanted to see them A m.in like Paul, so many sided, so sympathetic, so emotional, so full of ana ogv, could not have been indifferent to the antiquities nn 1 the splendors which move every rightly organized lium in being And with what thriil of interest lie walked these streets, those only who !or the first time like ourseives enter Rome can imagine. If the iiih ib.tants of :il! Christendom were gathered into one plain, ami it were put to tue which two chics they would a »ove all others wish to see, the vast majority of then wo.ild vjtJ Jerusalem and Uome So we can undn*st. lid somt.-t.hing of the record of :ny text and its sJLvoundiu when it says, Paal pur.iosel in th.i spirit tea he h.i I passed til roach Mr.ee lo.it an I Acuai.i to go to .leiusalem, say.n r: "Alter that I must also see lio.ne.'' A.3 so ne of ou are aware. \vilh my family and on lor the pit. pose of wh..t we -an learn, an.I lor the good wo can get, 1 am on way to 1 alcsiine. bin-.-e lo.«vi nj Brooklyn, N. Y., thi tiie fu st place we have stopp :d. intermediate cities are aii r.-n tive, but we 'lave vi i-:ed tlietn in other years, and wo aastened on, tor 1 sad before srartinr that
%v,li wa3 to
less powder. The Germans adopted it so that they could see the enemy, but the Swiss army is so small compared with those of the fggtighbors of that plucky little republic-, that an impression is J.iktly to .-ret abroad that the •bjeet of the Swiss soldiers is to see :10 P-iy cents or a dollar to hear a themselves.
se'J
Jerusalem 1 must
a so see Koine. hy do 1 want to see it' lieca :se I want, by visit-in regio.is associated with the gre apostle to the Genti es, to have my ta.th in Christia tity continned. There .re thosi who will go tnrough large expeadiiure to have their fait weakened, in my native land I have known crsons of very limited means
lecturer prove that our Christian religion is amy tli, a dream, a cheat, a lie. On the contrary, I will give all the thousands of Ci liars that this journey of my family will f-osi to have additional cviden that our Chr.stian reliciou is an authenticated trrandeur, a soieain, a joyous, a rapturous, a stupendous, a magn.fi ent fact. So I mt to s^e Kome. I want you to show me
SOME one suggests that, if elerg-y-xien divide their sermons into two jqual parts, and have a hymn or an anthem sung between the parts, itwould be a good thing. Doubtless it would be considered a good thing by the places connected with Apostolic min slhos°i who don't like long sermons have heard that, in your city and
amid its surroundings, apostles suffered and died lor Christ's sake. My common sense tells me that people do not die for the s..ke of a falsehood. They may practice a deception for purposei of gain out put tho sword to their heart, or arrange the halter aro nd their nectr, or kindle the fire around their feet, and they would say my life is wo th more than anything I can gidu by losing it. I ne.ryou have in ttiis
Ihc edition nr Pauls dungeon. Show it to me. I
1
must see Kome also. hi I am interested in this city because of her rulers or her citi en who aro mighty in history for virtue or vice or talents, Koinulus, and Caliguli, and Cin innatus, and Vespasian and Cor olanus, ana lirutus, and a lu.ndred others whose names are brig.it with an exceed.nr brightness, or black with the deepest dye, most of all am E interested in this city because the preacher of Mars hill, and the defter of Agrippa, and the hero of the shipwrecked ve-tsel in the braaie.-s of Melita, and the man who held hi rher thau any one that the world ever saw the torch of Kesurxection, lived,and preached,and was massacred here. Show me jvery place connected with his memory. 1 must aiso see Uome.
But my text suggests that in Paul there was the inquisitive an .rious spirit. Had ny text oniy meant that ho wanted to preach here he would, have said so. Indeed, iu another place, he de dared: "1 am ready to preach tho Gospel to you who are at Kome also." But my tcct sugtrests a si_rht seeing. This man who had been under Dr. Gamaliel hid no lack of phraseology, and was used to saying exactly what he meant, and he said: "I must also see Kome." There is such a thing as Christian curiosity. Paul ha I it and some of us have it. Abo.it other people's business I liav no curiosity. About all th can confirm my faith ia the Chri.-.tian religion and the world's salvation and the sold future ipplness, I am full oi' an all absorbing, all compelling cariosity. Paul had a great curiosity alout th next world, and so have we. I hope some day, by the grace of God, to go ovor and see lor myself but not now. No well man, no prospered man, I think, w-icts to go now. But the time will o-m«, I think, when I shall go over. 1 want to see what t.luy do there, and 1 want to see how tiny do it. I do not w.int to be looking through the gates ajar forever. I want them to sw.n,' wide open. There are ton thousan I tilings I want explained -about you, about rnvse f, about the covern meat of this world, abo it God, about everything. West irt in a plain path of what we knotv,. and in a minute coma up against a hig wall of wh.it wo do not know. 1 wonder ho.v it looks over there. Fomeboly tells me it is like a p.ived city—uave.l with go 1 and another tells me it is like a fountain, and it is like a tree, and it is line a triumphal proc ssion and tho neict I imet tells m3 iL is all figurative. I re illy want to know, after tho body is resurrected, what thoy wear and what they eat an 1 I hive an imm as arable curio it.y to know what it is, and how
Ti-ru royal fa»n:ly of England is not it is, and where it Columous risked his walking well at present. The Queen's
walk without a stick. The Prince of Wales still surfer* from a varicoso v.ein and limps perceptibly. An affection of the instep causes the Princess ®f Wales to limp a trifle. Princa Albert Victor, who may rule ovei England sorao day, recently mot
1
li.fo.1to
toPa
'hid the American contineut, and
sdi 11 wo shudder to go out on a voyage of
kneo-jomt is still swollen and she cannot discovery which shall reveal a vaster and more brilliant country? .iohn Franklin risked his life to find a passage between iceb rgs, and shall wo dread to fi id a pass go to eternal summer? T\ en in Switzerland travel lip to the heights of the Ala iter horn, with alpen itoek, an I guides, and rockets, and roues, ana, getting half way up, stumble and fall dowa in a iiorriblo massacre. They with an aocidont while stalking deer il just wuiue I to say they hal been on the fieotlasd.
oC
those high peak#. Aud shall tr» (au
to go out for the ascent of the eternal hills which start, a thousand miles beyon\ where stop the highest peaks of the Alps, and when in that ascent there is no parili A man doomed to die stepped ou the scaffold, and said in joy: "Now, in tea minutes I will know the great secret." One minute after the vital functions coasej, tho little child that died last night kn nv more than Paul himself before he died. Friends, the exit from tiis wor'd, or death, if you please to call it, to the Christian is glorious explanation. It is demonstration. It is idununal.ion. It is sunburst. It is the opening of all the windows. It is shutting up the catechism of doubt, and the unrolling of all t.h3 scrolls of positive and accurate information. Instead of standing at the foot of the ladder aal looking up, it is standing at the top of the ladder and looking down. It i.s the last mystery taken out of botany and geo'.ogy and astronomy and theology. Oh, will it not be grand to have all quertlons answered.! Tue perpetually recurring interrogation point changed for the mark of oxeiamation. All riddles solved Wh) will fear to go out on that discov-J.'y, whin all the questions are to be decided which we have been discussing all our lives? Who shall not clap his inds iu the anticipation of that blessed coautry, if it be na batter than through holy cur.osity? As this Paui ot' my text d.d not suppress h-.s curioiity, we ueed not s.ippress oars. Yes, I have an unlimited curiosity about all religions things, and as this city of lioine was so intimately connected with apjstolic times, the incidents of which emphasize and explain and augment the Christian religion, you wiil not take it a an evidmejof a \ying spirit, bat as theojtpursting of a Christian curiosity when I say I must also see ltome.
Our desire to visit this city is also intensified by the fact that we want to be confirmed in the feilin that human life is brief, bat its wark lasts for centurios, indeei forever. Therefore show us the antiquities of old Rome, abjut which we have been reading for a lifetime, but never seen. In our beioved America, we have no antiquities. A church eighty years old overawes us With its age. We have in America some cathedrals hundreds and thousands of years old, but they are in Yellowstone park, or Catiforuian canon, and their architecture and tsoury wjre by the omnipotent God. We want to see t:ie b.hidings, or ruin3 of id buildings, that were erected hundreds anl itioisands of years ago by tiuaiaii huiis. They lived forty or 3-'V:'my years, but the aretus they lifted, tie L.titiiu-5 ttuy pjiicilel, the sculpture thsy chisiie.l. tli3 real} tho/ laid out, I tm-lerst-in I, are .vet to be seen, and wo want yoa to she -v the to us. 1 can hardly wait until ^ioudav mo -nitig. I must also see Koaio. want to b3 impressed with the fact teat w.iat MI d.» on a small scale or large scale lasts a 11 uau-1 years. la»ss fore/er, tli.it we uahd eternity a.il that we uo so in a very short sp ic of time. God is the oniy el I living pre3a:e. lijt it is an old agj witheu". any of the in firm.Lies or limit itioiis oc old age. 'i'iiere is a pis^ago of Script ire :h s.ie ika of the birth of t.to mount via for thn'j was a time when tho Ariles were barn, anl the Pyrenees were bortio, anl the Sierra Neva-las were bora, but before the birtii of those mountains the Bible tells us, was bjrn, avc w.is never barn at all, because he always existed. Psalm xe, "lie^ore the moun tains were brought fortii, or ever thou hadsli form id the ear^h and the world, even from everl ist.ng to ever! istin^, thou art God." How short is him in life, what an Equity attaches to its wort l! Ho
vv
ev jr-
lastin^ is Gd! Show us tue antiquities, the things that were old when America was discovered, old when Paul went up and clown these streets sight seeing, old when Christ was born. 1 must, I must also see Kome!
Another reason for ir visit to thf^city is that we want to sje the places where the mightiest intellects anl the greatest itares wrought for our Christian religion. We have been tol I in. America by some people of swollen heads that the Christ an reiiglon is a pusillanimous th.ng, good for children under 7 years of age and small brained people, but no, for the intelligent and swartliy minded. We 1MV3 Inard of your Constantine the mighty, who poiute I his army to the cross, saying: "By this conjuer." If there be anything here connected with his reign or his military his ory, show it to us. The mightiest intellect of the ages was the autnor of my text, and, if for the Christian religion ho was willing to labor and su.fer and die, there must bo something oxalted and sublime and tremandousin it and show me every place he vis.ted, and show me if you cau wnore he was tried, and which of your ro td3 leads out to Ostia, that 1 may see where ho went out to die. We expect before we finish this journey to see Lake Galilee and the pla ses where Simon Peter and Andrew lishad, and perhaps we may drop a net or a hook aud line into those waters ourselves, but when following the track o'f those lesser apostles I will learn quite another lesson. I want while in this city of Rome to study the religion of the brainiest of the apostles. I want to follow, as far as we can trace it, the tra :k of this great intellect of my text who wanted to see Rome also. He was a logician, he was a metaphisician, he was an all conquering oratir, he w.ts a poet of the highest type, lie hid a nature that coul 1 swamp the leading men of his own day, and, hurled against tho Sanhedrim, he made it trembio. He learned all ho could g.*t in the school of his native village, then he had gone to a higher school, and there had mastered the Greek and the Hebrew and perfected hitn33lf in belles lettres, until, in after ye irs, he astounded the Cretans, and the Corint lians, and the Athenians, by quotations from their own au hors. I have never found anything in CarJyle or Goethe, or Herbert Spencer that could comjiai-o in strength or beauty with Paul's epistles. I do not think there is anything in the writings of Sir William Hamilton that shows such mental discipline as you find in Paul's argument about justication and resurrection. I have not fo rnd anything in Milton finer in the way of imagination than I can find in Paul's illustrations drawn from the amphitheatre. There was nothing in Kobert Emmet pleading for his life, or in Edmund Burke arraigning Warren Hastings in Westminster Hall, that compared with the scene in tho court room when, before robed officials, Paul bowed and began his speech, saying: "I think myself happy, King Agrippi, because I shall answer for myself this day." I repeat, that a religion that can capture a man like that must have some power in it. It is time our wiseacrcs sto/jpiid talking as though all the brain of the world were opposed to Christianity. Vv here Paul leads, wo can afford to follow. I am glad to know that Christ has, in tho different ages of tho world, had in discipleship a Mozart anl a Handel in Music a l.aphael and a Reynolds in painting an Angelo and a Canova in sculpt ire: a Rush and a Harvey in medicine a Grotius and a V. ashington in statesmanship a Idackstone, a Marshall and a Kent in the law and the time will come when tho religion of Christ 11 conquer ail tho observi tories and universities, and .ilosophy will, through hor telesope, behold the morn'ng star ot Jesus, and in her luviora ory soe that "all th ngs work together fnr good," and with her geological hammer discern the "Ro- kof
Ages." Ob uwtcoad oi cowering and shiv
ering when the sceptic stands before us, and Iks of religion as though it were a pusillanimous thing—instead of that, let us take out our new testament and read the story of Paul at Rome, or come and see this city for ourselves, and learn that it could have leen no weak Gtspel that actuated such a man, but that it is an all conquering Gospel. Aye! for all ares tilt power of God and tho wisdom of God unto salvation.
Men, brethren and fathers! I thank you for this opportunity of preaching the gospel to you thiit are at Rome also. The churches of America salute you. Upon you who are like us, s! rangers in Rome, I pray the protecting aud journeying care of God. Upon you who are resident here, I pray grace mercy and peace from God our Father and the Lord Jesus Christ. Alter tarrying here a few days we resume our journey for Palestine, and we shall never meet again, either in It dy, or America, or what is called the holy Land, bat there is a holier iand, and there we may meet, saved by the grace that in the same way saves Italian and American, and there in t\iat supernal clime, after embracing him who, by his sufferings on the hill back of Jerusalem, made our heaven possible, and given salutiou to our own kindred whose departure broke our hearts on earth, wo shall, I think, seek out the traveling preacher and mighty hero of the xt who marked out his journey through Macedonia aucl Achaia to Jerusalem, saying: "After I have been there, I must aiso see Rome."
WHEN TO TRUST A HORSE.
If It Is Intelligent It will Hurt Nobody. Unless a horse has brains you can't teach him. See that tall bay there, a fine looking animal, fifteen hands high. You can't teach that horse anything. Why? Well I'll show you a difference in heads, but have a care of his heels. Look the brute's head, that rounding1 nose, that tapering forehead, that broad, full place below the eyes. You cau't trust him. That's an awful srood re, as true as the sun. You cau see breadth and fuilness between the rs and eyes. You couldn't hire that mare to act mean or hurt anybody. The eye should be full and hazel is a good color. I like a small, thin ear, and. want a horde to throw its years well forward. Look out for the brute that wants to listen to all the conversation ffoing on behind him. The hor.se that turns back his ears tiil thoy almost meet at the points, take my word for it, is sure to do something wrong, bee that straight, elegant face. A horse with it dishing face is cowardly, nd a cowardly brute is usually vicious. Then I like a square muzzle with large nostrils, to let in plenty of air to the lungs. For the under side of the head a good horse should be well cut under the jowl, with jawbones broad and wide apart under the throttle, The next tiling to consider is the build of the animal. JS'ever buy a long legged, stilly horse. Let him have a short, straight back and a straight rump, and you ve got a gentleman's horse. Ihe withers should be high and the shoulders well set back and broad, but don't get them too deep in the chest. The fore leg should be ehort. Give me a pretty straight hind leg, with the hock low down, short postern joints and a round, mulish foot. There are all kinds of horses, but the animal that has these points is almost sure to be si -htiy, gr ceful, good natured and serviceable. —Medical Classics.
Fftrminsj in China.
A farmer in China may be hired by the year for from $8 to $14, with food, clothing, head shaving aud tobacco. Those who work by the day receive from 8c to 10c, with a noonday meal. At the planting aud harvesting of rice wages are irom Idc to 2de a day, with five meals, or '3Uc a day without food. Few laud owners hire hands, except a few days during the planting and harvesting of rice. Those who have more land than they and their sons can till lease it to their neighbors. Much land is held on leases given by ancient proprietors to clansmen whose descendants now till it, paying from $7 to $14 worth of rice annually for its use. Food averages little more thau $1 a month for oach member of a farmer's family. One who buys, cooks and eats his meals alone spends from $1.50 to $2 a month upon tho raw material and fuel. Two pounds of rice, costing 3£c, with relishes of salt fish, pickled cabbage, cheap vegetables and fruits, costing HE,*is the ordinary allowance to each laborer for each day. Abernethy's advice to a luxurious patient, "Live on sixpence a day and earn it," is followed by nearly every Chinaman. One or two dependent relatives frequently share with him the sixpence.
Customs in Other Clinics.
It is common in Arabia to put cheek to cheek. The Hindoo falls in the dust before his superior.
The Chinaman dismounts whoa a great man goes by. A Japanese removes his sandals, crosses his hands aud cries out "Spare me!"
The Burmese pretend to smell of a person's face, pronounce it sweet aud then ask for a "smell."
The Australian natives practice the singular custom when meeting, of sticking out their tongues at eiich other.
A striking salutation of tho South Sea Islands is to lling a jar of water over the head of a friend.
The Arabs hug and kiss each other, making simultaneously a host of inquiries about each other's health and prospects.
Tho Turk crosses his hands upon his breast and kes a profound obeisance, thus manifesting his regard wiiliout coming in personal contact with its object1—New York Mail-Expross.
Just What He Feared.
A Cincinnati lady who found herself forty-two calls behind hand, and being in despair of ever being able to pay them up, took laudanum and died. Wo feared this sort of thing long aaro. In this case she should have had hor husband die and invited all her creditors to the funeral. That would, according to etiquette, have squared all accounts. —Free Press.
What la called by the Stoics apathy, or dispassion, Ut callod by the Sceptics indisturbance, by tho Molinists quietism, by common man peat-e of couscietico.— Sir VV. Temple.
AN IMPORTANT DECISION
WORRELL, COLLETT AND YANCY ENTITLED TO OFFICE
In a Decision Which Fairly Kcvolntioniz^s Stare Government of Institutions— I Dissenting Opinions.
The Supreme Court at 2 o'clock Thursday afternoon sent down a decision that will create a sensation all over Indiana. The cases decided are those brought on the relation of the State for the purpose of having the provisions of the constitution relating to the filling of miiior State offices interpreted. Two cases are decided —the one in which Jt hn Worrell (Republican), as Governor Ilovey's appointee, sought possession of tho of.ice of Chief of the Bureau of Statistics, now held by William A. Peello (Democrat), who was appointed by the Legislature and tMLoiie in which S. T. Yancy (Republican), sought possession of the office of State Oil Inspector, now held by Nelson A. Hyde (Democrat). The decision also determined the suits of professor John Collett (Republican), Governor Hovey's^appointee as Chief of the Bure&u of Geology and Natural Science, against S. S. Gorby (Democrat), who now holds the office by virtue of appointment by the Legislature. The effect of the decision will be to practically revolutionize the present method of filling the minor State offices. The decision will no doubt be widely commented upon by reason of its special import, and from the fact that Chief Justice Elliott, Republican, and Judge
Mitchell, the Demo
cratic member of the Court, dissents from the decision of Justices Olds, Berkshire and Coffey (Republicans.)
In the case of the State vs. Hyde the majority of tho Court, Judges Berkshire, Cof fey and Olds, hold3 that the Legislature has no power to appoint a Coal Oil Inspector, or to authorize the State Geologist to appoint, but it is held that the judgment of the Circuit Court in favor of Hyde must be affirmed for the reason that it is not properly alleged in the complaint of Yancey thnt the office was vacant and .iiat he was entitled to it. The effect of this decision of the majority is to place the appointing power in tho Governor, and on new suit by Yancey he can supply the lacking statement in his complaint and obtain a judgment giving him the office.under the Government's appointment. The opiniou of the majority of the court was written by Judge Berkshire, and is quite lengthy. He says, in the course of his opinion, "But the appointment to an office like the one involved here, which is in no manner connected with the discharge of legislative duties,we think involves the exercise of executive functions and falls wKhin the prohibition Df section 1, of article 3, of the constitution."
He quotes at length from his opinion in the case ol the City of Evausville, State, and holds that the Legislature can not appoint or elect to any such offices as tnat of State Geologist or Coal Oil Inspector. He also says substantially, that all such offi cers are to be elected by the people, and that the Legislature can not in any event fill them by oppointment.
Chief Justice Elliott dissents from the conclusion that the Legislature has no power to appoint officers of a bureau or department which it has authoritv to establish, and denies that the Governor has any other appointing power except such as the constitution specifically confers. He quotes from many authorities, and says, among other things: "Perhaps the principle has never been more clearly stated than by that great constitutional lawyer whose statements as Emerson says "lay in daylight.' That lawyer said the inferences which, I think, follow from those views of tho subject are two: (l) That the denomination of tue department does not fix the limits of the power conferred on it, nor even their exact nature and (2) (which indeed follows from the first) that in our American governments the chief executive magistrate does not necessarily and by force of his general character of supreme executive possess the appointing power. He may have it or he may not, according to the particular provisions applicable to each case, in the respective constitutions [Webster's Speech on the Presidential Protest.]
The Chief Justice holds, however, that the act is void because it is in conflict with Section 19 of Article 4 of the Constitution, which provides that every act shall embrace but one subject." He says: The act plainly betrays its own weakness, for it declares that it covers four divisions of ',hese three, at least, are complete and distinct subjects,each requiring and receiving different treatment. Names go for but little,and naming the subject's divisions 'Voes not make them parts of one more general subject. Whether they are each subjects or ail parts of one subject is to be determined from their essential elements, for tho Legislature can not by any form of -words change the naturo of a thing and by that course evado the constitution."
Judge Mitchell concurs in the opinion of Chief Justice Elliott, saying: "I can only record an earnest and emphatic dissent from the judgment on the principal questions and unqualified concurrence in the opinion of tho Chief Justice." iu the case of the Stato vs. Peole the majority hold that the Governor has the power to appoint the Chief of the Bureau of Statistics, Chief Justice Elliott and Judge Mitchell dissent. Tho majority opinion was written by Judge Olds, and ho arrives at the same conclusion in rof erence to tho appointing power as that reached by Judge Berkshire, but by a somowhat different line of reasoning. His reason in is that the people have the right to elect the Statistician aud that upon the happening of a vacancy iu that position the Govoruor has tho right to fill it by appointment. Among other thiugs, ho says: "It seems manifest that by tho change made in tl*) constitution taking away the power granted by the old Constitution to the General Assembly to elect State officers, and the people retaining tho power to elect all of tho State officers created by tho new constitution, and providing and granting
to no department of government the right, to elect officers to fill tho State officeswhich might thereafter be created by law, that one of the principle objects in revising the constitution was to take from the legislative and executive departments nf tho government the election of such officers.'"
Judge Coffey files a .separate opinion, taking substantially the same ground us that taken in ihe opinion of Judge Olds.
It follows from the holding of the luaj^rity that all offices must, be liiicd by elections by the people, except in eases of vacancy, and this will certainiy make a very long ticket. The practice which the majority of the court indicates tu be the legal one will be a novel one in Indiana, for such officers as those in controversy, like those of trustees of benevolent institutions, and the directors of the penai institutions, have not heretofore been considered as elective.
Mr. A.J. Bevevidge, who rrgr.ed the ease for the Republican claimants, is in a joyous mood. "We. won all alon^- the line," he said. "Worrell, ihe Republican claimant, who derives his title from tho Gov ernor, will immediately take possession oC the Statistician's oiiice Yancey (Oil Inspector) must be appointed by the Governor and not by Colic: tt—iu short, that the Governor has the right to appoint and nor. the Legislature. These offices are State offices and at the next election must be chosen by the people. This ease -practically settles the Collett and Gorby cases."r
In accordance with the decision. John Worrell will succeed William A. Peelle as Chief of the Bureau of Statistics Professor Collett takes S. S. Gorby':- place as State Gelegist S. T. Yancey wiiibeeome State Oil iHspector in place cl Nelson A. Hyue, and other vacancies under the State Geologist will be filled by Professor Collett. These offices will hold only until the next general election, when their successors will be elected by the people. At 'the election will also have to be chosen successors to all the present trustees of the.State's benevolent institutions, directors of the State prisons, etc.
In regard to the cases for which the suit was instituted the decisions at present appear to have complicated rather than simplified matters. Acting State Statistician William A. Peelle was asked by an Indianapolis News reporter if he will now give over the office to Mr. Worrell, the Governor's appointee. "Not a bit cf it," he answered. "My position is just thir.: I hold a commission signed by the Governor of the State (Gray), which authorizes mo to fill this office until my successor is legally elected and qualified. The SupremeCourt now decides that the election of a Chief of the Bureau of Statistics by the Legislature was illegal. Tho result is, am entitled to hold the ofiice until my successor is elected legally, which, it its now decided, must be by the people. Governor I-Iovey has no more right to appoint my: successor than any other man has." "What will likely be the course pursued lathe case?" "1 suppose it will go back to the Circuit Court, and the Judge will be directed to reverse his former decision, which was in my favor. Then I will be required to answer why I should not surrender my oiice to Mr. Worrell. In that answer I will set out' what 1 have just given a3 my grounds for retaining my place Then the Judge will pass upon it again, and from him it will be carried once more to the Supreme Court." Substantially the same questions will arise in the case of the State Geologist s.nd two members of the Board of Health. The act creating a Bureau of Geology and National Science aud naming S. S. Gorby as its Chief is declared invalid by the Supreme Court. But that, does not dispose of Mr. Gorby'& hold upen his office. The act being invalid, the old office of Stato Geologist is still existence, and Mr. Gorby holds a commission for that place for four years from April, 1888, signed by Governor Gray. The Legislature elected two members of the StateBoard of Health, and similar complications will arise in their case. All in all, the contesting aspirants for offices in dispute do not seem to be entirely successful.
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