Indianapolis Journal, Indianapolis, Marion County, 30 January 1889 — Page 3

THE INDIANAPOLIS JOURNAL, WEDNESDAY, JANUARY 30, 1889.

IHE CONSTITUTION DEFIED

I jhe Legislative Sand-Baggers Agree in Caucus to Grab Everything in Sight. S ill th2 Proposed Partisan Measures to Be Forced tron the People Minority's Report on the Supreme Court Bill. PARTISAN LEGISLATION. ; peiuocratio riratea Preparing to Pass I Bills in Their Own Interests. I The political pirates who constitute the I majority in the General Assembly have I COncluded to waste no more time in the ex- ! ecatioaof their plans. It developed yesi terday that their joint caucus of Monday f night was of moro importance than the Democrats were willing to admit iminediateiy after its adjournment. It was de- ! cided at the sitting to movo at onco in the I enactment of the partisan legislation practically agreed upon two weeks ago. A written programme for the next ten days presented by the leaders, and each member present was pledged to assist in carrying it out Eight bills designed to increase the patronage of the mas' jority in the General Assembly were f indorsed, and it was decided to pass all of ' them by the end of next week, in order I that there may be ample time to distribute S the patronage created before the end of the session. These measures to be forced X through over the protest of the minority L are as follows: Creating a Supreme Court 5 commission of five members, to be elected by the General Assembly; depriving the Supreme Court Reporter of all fees, and fixing i his salary at $3,000 per annum; depriving f the Governor of the right to appoint a Coal ' Oil Inspector, a Mine Inspector, the memI hers of the State Board of Health, and transferring the power in each case to the j General Assembly; abolishing tho office of f Tuh Commissioner; to put the street, water and light departments of Indianapor lis in charge of a board of control, f to be elected the first time by the General Assembly, and thereafter to be ap1 pointed by the Mayor; extending the Metropolitan police biD to the tiro departments t in Indianapolis, Evansville, and Terre I Haute, and giving the General Assemblv i the power to appoint the board for each f city. Other partisan measures were dis- ? cussed, and may be agreed upon in the i future. In accordance with this programme, the 1 creation of a Democratic Supreme Court i commission is to be tho first thing done. The bill now on first reading in the House, reported by the Democratic members of the committee on the organization of courts, as a substitute for the Harrdl bill, : was indorsed, and the plan is to push it to a f passage in both houses this week. The bill is as infamous as a Democratic caucus i could make it. It provides that five Supreme Court commissioners shall bo - elected by tho General Assembly, each to serve a term of four years, and in case of a ! vacancy occurring the Governor is given ' the right to till it, the appointee to serve ' . only until the succeeding Legislature shall ; meet, lnen the bill provides that comf missions of the commissioners shall bo I signed only by the Speaker of the House ; and the Secretary of the Senate, both Deinocrats. The framers of the measure, recognizing its unconstitutionality, were afraid to authorize the Governor and President of i the Senate to sign the commissions. Each ! member of the commission, it is stipulated, I 6hall receive the same salary as the reguf larly elected members of the Supreme Court. Another partisan feature is asec- ' tion which provides that the members of the commission shall be sworn into office by i any member of the Supreme Court, thus making it possible for them to ? to receive the oath of office from Judge Mitchell, who administered tho oath of 1 office to Senator Cox when he usurped the the place of Lieutenant-governor Robert- ? son. This precaution is taken for fear ; Chief-justice Elliott might refuse to adminI ister the oath On the ground of theunconstitutionality of the law. In the closing section the framers of the bill admit its nn- ; constitutionality by stating that tho duties of the commissioners shall bo such as shall be assigned them by the supreme judges, and that nothing they may do shall be f binding upon the bupreme Court." i Tho surreptitious manner in which the bill was brought before the House r is proof that the majority recognized its obnoxious character. Represent- : ative Harrell's bill, when introduced, was referred to th committee on courts. That ; committee without calling a meeting, or without the Republican members of it being notified that the Supreme Court bill as to be considered, received from the Democratic caucus the substitute bill containing many features not in the Harrell bill, and still without notifying the minority submitted it to the House, with the recommendation that it pass. That report, rnade last Friday, was a complete surprise to the minority members of the committee. They immediately gave notice that they would prepare a report in opposition to the . nul which thoy expected to oner when the bin, vras called up a second time. Yesterday the minority members of tho .committee were notified by Speaker Mblack that they would have to present their report at once. The notification came because the majority , desire to pass the bill this week, and they panted the minority report out of tho way. Representative Brown, of Henry, in behalf of the minoritj', presented the report, at 8 o clock, as follows: we.theunderelrae.;of the minority of your committee, respectfully report to this Ilouse that 6 have maturely considered House bill No. 40. ana the substitute therefor heretofore reported y a majority of the members of your committee, ith the recommendation that said substituted till do pass, and recommend that eaid substituted bill be indefinitely postponed for tho following reasons, to wit: '- ..First Because tbo pasaajre of paid substituted mil would be an attempted invasion by t.ie legislative of the judicial departmentof the State government, and in support of this view vre assign tie following reasons: Section 1 of Article 7, of the State Constitution, J clear and express words, vests the whole judicial power of tho State in the Supreme Court and such other courts as the General Assembly may establish. This provision means that the nole judicial power of the State shall be lodged in the courts, and that it can neither be exerceu by the Legislature nor placed elsewhere. In tho case of Schultz vs. McPhceters. 70 Ind., Jt was said by the Supreme Court of the State, in speaking of this provision of the Constitution, jaat "all Judicial powers are by force of this provision vested in the courts of tho State. The iecisiature has no authority to Invest any other tribunal with Judicial powers. Nor can theso lH)wei he vested elsewhere than in the tribunals designated or indicated by the Constitution." The same doctrine has been laid down in Jr.any cases by the courts of other States, lu one of these cases Chief-justice liyan said: "Judicial power is one of the attributes of Jjovereimty necessarily delegated in its exercise, ice Constitution does not leave the deleration Jpoe at the discretion of the Legislature. It delegates tho Judicial power to the constitutional fouru to be held by constitutional judges." Van elyne vs. Ins. Co., 31 Wis.. 390. But he question Is so plain and free from diillcu.rytl.at it is hardly necessary to refer to the JeeiMon of the courts. Governor Gray, in his inaugural message, said: "In the States where eoinmi.ions have been created, that Is, in California, New York and Ohio, it has been done by conititutional amendments. It seems clear that J the Supreme Court is, by the express words of joe Constitution, comiosed of live judges, tho Jn&L-ture cannot, cither directly or iudirectly, aid to that number. In providing that commissioner may te appointed docs add to the constitutional number or it does confer Judicial power upon persons who are not and canuot be Judges, iiu as ii cannoi aaa to me numner or Juae not i6t,k1 auy otner than constitutional judges ludlcial power, it cannot enact a bill cleatUS a Supreme Court commission." ,T.CKL?lalature mav doubtless, create a court, Ut the ill tailt rfinrt U r-rr.afiwl tnilcaa urn ro. n'Ured. and that moment there are vacancies In pan.Hias mmler of a court, then they are lirs, and a vacancy in the office of ludire i Sy'f aA KOOU as tLe ortite 18 created, and must iJJrdry appointment by the Governor. If I;5. (v0?QEds.lon i not a court its member cannot hare any Judicial power whatever, for the 'jnnl.et reason that ftuly judge ran have Juaiual i-ovier, and if t not a distinct court thru it members are, but so manv Judges added to Jfcurreme Court in violation of the Contltuni?lt boie Judicial iower U conferred 2? a. V? courts, and this injwer is so dijnrjutet that thehunreme Court xo-cssea the euiOl "Wi Jurisdiction. Now. as it posees rnjuri;sdKtJou from the ContltuUon.xhe IkIsrftckaDiloUntcrrere wltlj Its exercise of that tjicat of fcovereinty called the Judicial. Our

u,c oicces or Judges which can only be rilled by appointment by the Governor. (Stocking vs. . tl'ti7 Ind., 328; Constitution, Sec. 1H, Art. 5.) i tun member of tee commission are to be re-

?tJimil?Jl i careful to scparato tho various Jepartraents of government and to keep one department from mvadinj; the province of the 2f ? The VOUTM a11 oxeT th country have carricd utoeflectUio provisions found in most, if not in all, tho State Constitution's distributing governmental lowers, and they have universally tlemed to tho Judiciary any rirht to interfere with tho exercise of executive or lepslativo power, and have also denied the rhdit of tho executive or legislative departments of tho sovcinnient to excreisc judicial powers orto invade the province of the courts. It is a principle familiar to every one that within its sphere tho judiciary 0VeNtoi as tho Lesislaturo is wiuin its sphere. A moment's reflection must satisfy any one thatthis is so, because, as the whole judicial power i3 in thecourts established under the Constitution, no part of it can bo anywhere el.e. Now, as the courts are Kovereijra in their sphere, it follows that the Legislature cannot invade their province for any purpose whatever, but must leave it to the courts to do whatever is necessary to a complete exercise of the element of sovereignty vested in them. The Legislature has no more authority to appoint assistants for the court than tho court to appoint clerks, pages or door-keepers for tho Legislature. This question has been before tho courts, and in sneaking of it tho Supremo Court of Wisconsin aid: It is a power inherent in every court of record, and especially courts of last resort, to appoint such assistants, and the court Is to judge of its necessity. This principle is well settled and familiar, and the power so essential to tho expedition and proper conducting of judicial business, that it may be looked upon as very doubtful if the courts can be deprived of it." (3j Wis., 4 10.) It would hardly bo contended that the Congress of the United States could appoint commissioners for tho Supreme Court; certainly no one has ever suggested such a thing, much as that court is overburdened and behind with its dockets, and yet there is more reason for holding that Congress does possess that power than there is for saying that tho Legislature possesses tho power asserted in this bill. The substitute is also in violation of the Constitution, inasmuch as it provides for the authentication of certificates by officers who have no riKht or power in the premises, and assumes to take away from others the powers which tho Constitution has conferred upon them. Governor Gray was clearly of the opinion that a commission established by the Legislature is unconstitutional, and in his inaugural address to the General Assembly of 1885 he used the following language: "I submit for your consideration the question of the expediency of continuing tho commission as a means of accomplishing the judicial relief contemplated by the constitutional amendment, and earnestly invite your attention as to whether or not the practical working and eirect of the commission is not in violation of tho amendment of Sections 2 and 5, of Article 7, of the Constitution. It seems to mo that litigants ore entitled to have their matters in controversy decided by the court established by tho Constitution. In many cases they do not get this right under tho working of Rules 2 and 3 of the Supreme Court for the government of its commfs sioners. The Supreme Court, under these rules, decides cases referred to the commissioners upon the opinion rendered by the commissioners, and not upon the questions arising in the record, as required by the Constitution. Second But independent of the constitutional objections, which are insuperable, tho bill is wrong in principle. If the judges are to bo held responsible for the persons selected to assist them they ought to be permitted to. make their own selections, for it is contrary to natural justice to hold a person responsible for the acts of one whom he had no part in selecting. Third It is proper to direct the attention of the House to the fact mentioned by Governor Gray in his inaugural address that tho commission did not do much towards dispatching business. Tho reason for this is plain, and it is this The time of the court is principally occupied in consultation. The objections to an increase iu the number of Judges applies with equal force to the addition of membcraof the court called commissioners. Certainly the employment of commissioners docs not mean any advantage at all commensurate with the expense. The expense of this bill, if it should become a law, upon the tax-payers of this State will be as follows: Salaries as commissioners per year $20,000 Messengers per year (500 To furnish rooms 3,500

Total for the first year $24,100 and the sum ot $21,0S0 for each year thereafter. In all, the sum of $87,820. And it is apparent that under the Constitution the only valid and eilective actiou that the Legisiaturo can tako is to authorize the court to appoint assistants, or create an intermediate appellate court. Fourth Because said bill No. 40 and the substitute therefor were reported back to this House without any authority from your committee, nor were they read or considered at any meeting of the same, nor was there, at any meeting of said committee, any vote taken as to said bill or substitute, nor were the members of your minority nor any of them, ever notified or Informed that said bill or substitute was in the hands of your committee, nor had your minority any notice or knowledge whatever that said bill or substitute would be reported to tills House until the alleged report of a majority of the members thereof was read to this House, but, on the contrary, at the last meeting of your committee, prior to the reading of said alleged report, it was agreed by the said committee, at the request of ono of the members of the majority thereof, that no bill should bo voted on or reported until the next meeting of the same, and eaid committee then adjourned, subject to the call of ther chairman thereof, and no call was made by said chairman or any one in his behalf, and the said chairman has admitted to the minority of your committee that no meeting was called or held, and that eaid alleged report was signed in this House while in session. Fifth Because said alleged report is not true, but 13 false in this, that said bill or substitute was not considered by your committee, and the said chairman was not authorized to report tho same back to this House, but the same was reported back surreptitiously, and the only reason assigned by said chairman for his action was that said bill was political and necessity arose for immediate action. Tho report was signed by Reprensentatives Clavpool, Fields, Hess and Brown of Henry. At tho conclusion of its reading, Representative Willard moved that the substitute for tho bill creating the commission of five bo taken up at once; that it bo made tho special order until 6 o'clock, and then put upon its passage, thus tvinR two hours and a half in which to discuss the measure. "Change your motion so as to close the debate at 4 o'clock," said Speaker Niblack, in a low tone to Willard, who occupies a front seat. -As it was then nearly 8:30 o'clock, the object of the Sneaker was to prevent, if possible, any debate at all. I will make tho time of closing at 5:30 o'clock." said Willard. "And I move to amend by making it 4:30," said Representative Foster. 'While I haven't any particular kind feeling for the minority, said Willard, 'L think they should have some time in which to debate tho biil. 1 recognize that a constitutional question like this cannot be debated in an hour and fifty minutes. Besides, this is a political question, and I believe we should allow it discussed." "Wo deny that this is a political bill," said Brown of Henry. 'A bill referring to the courts of tho State should not be niado a political measure." After some further sparring Willard amended his original resolution so as to make tho bill the special order for to-morrow at 2 o'clock, and limiting the discussion to two hours and a half. This, by the vote of tho Democrats, prevailed, and Representative Hess, of Wabash, then moved that tho bill, together with tho majority and minority reports, bo printed, and laid upon tho desks of tho members. Tho measure, he said, was one of vast importance, and it was necessary that each member should thoroughly; understand its provisions. Representative Willard moved to lay the motion on the table. Tho yeas and nays were demanded by tho minority, and the motion prevailed by a strict party vote. It is already arranged by tho majority that they shall occupy nearly all tho time to-morrow, thus preventing the minority from giving a freo and full explanation of their opposition to the partisan measure. Reynolds Local Option BUI. Tho House committee on temperance has agreed to report favorably on the Reynolds high license and local option bill. The measure was considered at a meeting held Monday night, and the report agreed upon. Thero were only six members of the committee present, and ono of the Democrats agreed to join the minority in recommending that tho bill pass. The members of his party have . not yet learned of his action, and they may compel him to take his signature from tho report before it is submitted. Even if the report reaches the House as it now stands there is no possibility of it being concurred in. Represeutativo Reynolds s;n'8 ho thinks he will be able to have the House print tho bill anyhow, and it can then bo discussed upon its merits. There aTe a few Democratic members who personally favor thojueasure, but tbey are afraid to support it because of the attitude of their rarty on the temperance question. Whatever tho fate of the bill niay be, the members are going to have an opportunity to go on record in a few days. To Keep Out Pinlwrton Men. Senator Francis is the author of a bill to prevent the bringing of Pinkerton armed detectives m the State. It is entitled an act to prevent tho importation of armed men into the State for police duty. It is .provided that any violator of the provision of tho act shall bo liable to imprisonment for not less than ono nor more than three

years, and that tho person, company or corporation so violating shall be subject to a tine of $1,000. Tho bill also prohibits au sheriif appointing an under, or deputy sheritr, who is not a resident of the .f oumy for which he is appointed. Tho bill will meet with sonte opposition when it comes up for consideration, because a good many members believe an emergency might arise when it would bo absolutely necessary to import police from other States, Legislative 'otes. The chairman of the Senate committee on elections says tho report on the GnmesBichowski contested caso will not bo presented this week. Tho Senate committee on prisons has reported favorably on the Francis bill providing for tho construction of a sewer from the northern prison to tho lake. m I ho amount to be appropriated, however, is reduced from $12,500 to 10,000. The House and Senate committees on education will go to Terre Haute to-day to visit the State Normal School and ascertain what sum of money is really required to complete tho building now in course of erection. The committee will return this evening. Tho Democratic majority do not want to see any law enacted that refers to sobriety or morality. At the joint caucus of Monday night an effort was made to pledge members to vote against the bill providing for tho teaching "of physiology with special reference to the effects ot alcohol on the human system. A fow members objected, but they will yet be brought into line. Ten or fifteen members of the House and Senate, accompanied by their wives and quite a number of friends, will go to Michigan City to-dav to inspect the northern penitentiary. Tlie gentlemen going constitute the prison committees of tho two houses. The party will be absent two days. It is announced that the grand ball to have been given to the visitors in the prison dining-hall has been abandoned. A bill by Senator Barry in relation to sewer improvements in cities has been reported on favorably. The bill provides that a special assessment fund shall be created by cities, and bonds may bo issued. Street and sewer improvements may be paid for from this special assessment fund, and tho property-owners may be allowed ten years' time in which to pay their share of the assessment, with interest at the rate of Gper cent., or, if they prefer, they may pay the full amount and thereby save tho interest. . PROCEEDINGS IX DETAIL.

New Bills, Other on Second Reading and Committee Reports. Immediately after the Senate was opened, yesterday mornin?, on motion by Senator Boyd the bill to legalize Iho incorporation of the town of Sheridan was pressed to tho last reading, and finally passed, tho constitutional rule being suspended. On call of the roll, tho following described bills wero introduced: By Senator Berry: 8. 277. To amend the agricultural association act. By Senator Brannamau: S. 278. To authorize the sale of certain lands. By Senator Clemmens: S. 279. To amend Section 3 of the drainage act of April 6, 1835. By Senator DeMottc: H. 280.1 To pay the claims of James N. Jewett and J. ft. Stanley. By Senator Francis: 8.281.1 To prevent importation of armed men for police duty. By Senator Grillith: S. 282. To amend Section 2 of tho insurance-company incorporation act. t By Senator Grose: S. 283. To regulate tho sale of intoxicating liquors. By Senator Harness: 8.28L To make it unlawful to sell flour and other articles of food without stamping the amount on the paokago sold. By Senator Mount: S. 285. To authorize county boards to purchase toll roads where a majority voto in favor thereof. By Senator Shockney: S. 28G. To require railroads to erect depots in certain cases. By Senator Smith, by request: $. 237. To legalize sales by guardians under orders defective in notice By Senator Thompson, of White: S. 288. To provide for examination of special teachers in uie puDuo schools. By Senator Cronk: 8. 2S9. To repeal Section 5317 of R.S.. 1881. By Senator McClure: 8. 290.1 Concerning vol untary associations for improvement of stockbreeding and agriculture. Bills were called on second reading as follows: Senator Bozeman's bill to amend Sec. 1 of tho act authorizing townships to construct or aid In tno construction or repair of bridges crossing streams. Amendments proposed by tho com mittee wero agreed to. Engrossed. ; t f Sena far Dresser's bill fS. 1171, to amend Sec.' 73 of the civil procedure act. Engrossed. Senator Boyd called up his als night-school bill IS. 145 J for all persons between the ages of fourteen and thirty who labor during tho daytime. Engrossed. On the call for reports from committees, they following were presented: From the committee on elections senator Johnson 8 supervisors bill is. loij, with a favorable recommendation; also, two reports on Senator Byrd'spurity-of-the-ballot bill T8. 71. one favorable, and the other in favor of Its indefinite postponement. Ordered printed. From the judiciary committee Recommending the passage of Senator Hubbell's Elkhart Superior Court bill S. 103 j; Senator Howard's bill permitting gas companies to hold real estate f S. 1661; Senator Shockney's anti-buckeshop and stock-gamDung diu is. iuj; senator Barrett's promissory note bill 8.186; SenatorShockney'a bill T8. 2701; Senator Barrett's bill fS. 2011. Amendments were recommended to Senator Hubbeirs bill concerning proceedings in civil cases, and a substitute for Senator Carver's bill rs.00J, and senator Boyd's bill 18. 253, was introduced. From the committee on organization of courtsSenator Harness's bill S. 691. recommending in definite postponement. A favorable report on Senator Clemmens's Judicial circuit bill S. 253 was made. From the committee on education Favorable reports on Senator Johnscn's kindergarten bill 18. 1781: Senator Hale's township institute bill 8. 45, and Senator Barrett's fecble-mindod school bill 8. 71 were presented. From the committee on county and township business Favorable reports on Senator Byrds bill f8. 2091 for tho relief of D. M. Barnhart: Senator Urmston's school fund interest bill (8. 1651; Senator Smith's county-clerk election bill o. 1831; Senator urmston s county auditors bill 8. 2391 were made. From committee on swam7 lands An amend ment to senator Shockney's drainage bill 8. 181 was offered. From the committee on cities and towns Favorable reports on Senator Bozcman's I'osevvillo legalizing bill S. 1111: Senator Havs's bill S. 264, and Senator Hale's Redkey legal1 j i- 1 ! l ' , mi , .... J lziug uiu, were maue. lue xaucr was passea. From the committee on finance An amend ment to Senator Francis northern prison sewer dui, reaucing tne appropriation irom $12,500 to $10,000, was passed. From tho committee on public health Favorable reports on Senator Mullinix's medical practice bill 8. 127, Senator Heath's oleomargarine Dm, ecnaxor smun s meaicai practice bill were presented. Adjourned until 10 o'clock this morning. House of Representatives. In the House, yesterday, Senate bill 259 relat ing to nxing tho tune of holding court in Fortysecond circuit was read and referred to the com mittee on courts of Justice. Tho folio wing bills, with tho reports of committees, wero read the second time: II. R. 278, relating to Jurisdiction of justice of peace. Indefinitely postpponed. II. R. 279, relating to exemption of pension money rrom execution, icecommittec to tho committee on puonc expenditures. H. R. 318, relating to vacation of private uuriai grouuus. muenuueiy posiponco. H. R. 54, to appropriate 3.000 for a morni-. raent to Jonathan Jennings. Recommitted to . tho committee on public expenditures by a vote of 6 1 to 26. Mr. Willard moved that the regular order of business the reading of bills a second time be changed to the reading of engrossed bUls a third time, as there were ninety-four members pres ent, and to-morrow there might not be a quorum on account of committees being absent, This was agreeu to dv a vote or an to 3. Engrossed II. It. U 2, to authorize andeneonratro the construction of levies, etc., was read a third time. Mr. Adams moved that it be furthpr considered before its passage and that 200 cou- . M AS J 1 A. f - ics do rnnieu lor aisinouuon among members. mis was agreeu 10. Engrossed H. R. 23, apnronriatinsr 3.000 for the relief of James D. Gatch. former treasurer of Dearborn county, after considerable discussion. was passea ov a vote or so to 4.Engrossed H. R. 160, to protect discharged enmlovcs and prevent blacklistincr. wnAmr Engrossed II. It. 39, to amend Section 3 of "An act entitled an act to authorize boards of county commissioners 10 construct free turnPikes, in certain cases, instead of countv bridrM. etc.," was read a third time, and on motion of Mr. Adams was ro-laid on table until tho next third reading of bills, and 200 copies wero ordered printed. The House was notified of tho passage by the Senate, of H. B, 185, legalizing the corporation of Sheridan. The bui ii. R. 1201 relating to the encouraging of agricultural associations, and making an appropriation of $10,000 annually instead of l,ooo, was mane a special onier for next Mon day at 10 o'clock. J AFTERNOON SKSSTONTho bill H. R. 89 to amend Section 572, R. 8 , concerning proceedings in civil case, was The bill II. R. 137 relating to tho burial of pauper soldiers at a cost of $35 each was passed. .l t Hpnwn n tim i T f ! this Tn4nsi- t . the Supreme Court commissioners biilIl. R.401. reiuiuuicuuw mai mo cui'Ditmin oaerea D7 tne majoritv be indefinitely postponed. Mr. Willard moved that tho bill be made a epecial order for Thursday afternoon at 2 o'clock, and that the debate thereon occupy two and one-half hours. The motion prevailed. A motion by Mr. Hess, to print 200 copies of the bill, with majority and minority reports, was laid on me uimo. The bill IU. R. 137 relating to tho cutting of

thistles by railroad companies was read three times and passed. ... . .

The bill II. R. 118 relating to aid to agricultural organizations was read tho third time and failed to pass for want of a constitutional majority yeas, 41; nays, 36. The bill fll. R. 2351 relating to the withholding of discharge papers of ex-Union soldiers was read the third time ana passea yeas, ou: nays, 10. 'l he House then aajourneu tin luo ciocKims morning. MISTAKES OF ELECTORS. Why tho Electoral Returns of the Eone Star State Were Sent Rack. Washington Special. The case of the electoral certificate of tho State of Texas, which Senator Ingalls.as President pro tempore declined to receive and sent back by the messenger who brought it, for correction, has caused a good deal of comment, and has given rise to a question as to how far the electors of a State mav be allowed to correct their work when it has been imperfectly performed. Some contend that after the electors of a btato have met. cast their ballots and auiourned, they have ceased to exist as a body and cannot be again called together. utners assert that the Governor or xne State has tho power to reconvene the Electoral Board of his State if it is discovered, after the board has adourned, that the members have failed to perform some portion of the work devolving upon them or that the work actually performed is imperfect in any particular. As Senator Hoar is probably as well informed upon 1 this subject as any other member of the Senate, having made ii a special stuuy wnne engagea in tno preparation of the nresent residential suc cession bill, a Tribune correspondent called upon ine senator to-aay ana asKea mm u. in his opinion, the electors of a State could bo reconvened by the Governor to correct any imperfection connected with their duty of voting for President and Vice-president. I think," said the Senator, 4T shall have to separate their duty into two narts in order fully to answer the question. In the nrsi piace, the constitution provides mat tho electors shall meet on a certain day and cast their votes, by ballot, for a President, and then cast their votes, also by ballot, for Vice-president. Now, it doesn't make any difference whether, supposing there are twelve electors, they cast twelve separate pieces of paper with the name of Mr. Harrison on them for President, or one of their number casts a single ballot to which they all assent. They can pursue either course for Vice-president, but they must sign their names to the record of the votes as cast. Up to this time their duties are prescribed by the Constitution, and when they have performed this act thevhave completed the constitutional work for which they were created. All tho work after this, the certification, is simply evidence of the act they can correct, if imperfect, but if there was any irregularity; in the act of casting their ballots that is, if one elector was not present or did not vote I don't think that could be corrected." ' Have vou considered anvthinc about this Texas case!" "Oh. vcs. I was consulted bv Mr. Ingalls about it and am familiar with all the facts. The law requires that tho electors shall 1 t r . ? x? iuuko rnree ceruncatcs oi meir action ono to be tiled with the clerk of tho United States District Court in which they assemble, one to be sent by mail to the President of the Senate and one to be transmitted by messenger and delivered to the President of the Senate. The law also requires that a ' record of tho action of, the electors enau be indorsed on the envelope containing the return. These envelopes cannot be opened until the day fixed ov law when the two houses of Congress shall meet in joint session, when tho seals shall be broken by the President of tho Senate in tho presence of the two Houses. Now, when this return from Texas was presented by the messenger to Mr. Ingalls the envelope was simply addressed to the 'President of the Senate.' Mr. Ingalls, thinking that this was simply an outside wrapper which covered another sealed communication properly indorsed, broke the seal and opened it, wnen ho found that there was nothing but tho record of the electors ac tion inclosed. He consulted with me and Mr. Evarts as to what course ho should pursue, and tho advice was that he should return it for insertion in a new envelope, which should be properly indorsed. m If the messenger should fail to return in time, he jas still tho return that he received by mail, and that can bo opened and tho voto counted. He also conferred with both the Texas Senators, and they agreed that this was the best plan to adopt." 'Then you think that this talk about the voto of Texas not being counted has no foundation in fact?" T don't think it would be right to throw out the vote of a State and not allow the manifest will of the people of that State to be expressed, merely upon such a technicality as now exists. I have heard, though I do not know definitely, that there are technical defects in the certificates of ono or two other States." Mr. Ingalls is taking the greatest care of the certificates of tho electoral votes so that no accident shall happen to them bej j i . r -i V i iore ine aay nxca oy law ior xneir Doing opened. That will be on Wednesday. Feb. 13, according to Section 4 of thelelectoralv 4- ln. w-mw V i f V w?Aa 4-1 f ' .wj k A A shall be in session on the second Wednesday in February succeeding every meeting of tne electors," and then details tne manner in which the two houses of Congress shall meet and how the returns shall oe opened and read, the votes counted and tho an nouncement of the result made. DISTINGUISHED IIAY-SEEDS. now the Tanners Club Was Entertained Recently at Don Cameron's Ranch Washington Post The dinner civen to the Farmers1 Club at farmer Don Cameron's ranch, near Lafay ette square, Thursday evening, has been reported in the press, out not correctly at characteristic affair, and greatly enjoyed bv the iwell-known acrriculturists resent. The Fanners' Club was organized by farmer oiiaon Cameron, out no was not aoio to no nresent the first time for many years. These distinguished farmers, George 13. Roberts, president of the Pennsylvania Tft 1 wo xr. IVonlr Thnmnoin xri (n.nmiii I on f If lJ f - AUWU1VU tViriltLOlUUU b, and A. J. uassatt, of the same road, came from Philadelphia in a buckboard, making tho trip in four days, which thoy declared is tne quiCKCsr. time ever maue Deiween Philadelphia and Washington by a conveyanccot any sort. Farmer Georce W. Childs hitched ur his old gray mare and "druv across the ken trv." making the trip in five days. He would nave dono better, but he nad to stop frequently to give the old mare a nibble o corn. There were sixteen farmers in all. includQuay. M. C. Hurler, of South Carolina, and Charles B. FarwelL of Chicago, and others. Ut A. lUVi O 9J &l-wvj UI JUflUlUVf AIAU VVUV If Urn besides that ancient rusticus, Don Cameron. As fast as the fanners arrived they and ine nirea man pur out tne norses and gave 'em their feed. Then they all took a wash in tho wood-shed with a tin basin and bar of yellow soap, and slicked up a little with, their wooden combs. The table was 6et in the kitchen, and Mrs. Cameron and Mary and two hired jrirls waited on the feeders. It was a fine sight when these worthy sons of the soil were gathered around the hospitable board in tueir snirt sleeves and larmer uameroa asked the blessintr and cave the word to fall to. The hired girls passed the cornoeei and cabbage, andaftertnat everybody nitched in for himself, and the wav tho jrrub disanneared was a caution. Everv farmer emptied his cider-mug every time he cleaned off his plate. Fanner Maine declared himself stuck on tho pork and beaus, and fanner Thomson said he7d bet a cent he could eat all the baked 'possum and yains himself and not half try. The corn pones competed with the griddle-cakes and doughnuts for favor, and tne scrapple melted away before the Pennsylvania farmers like snow under a stove. Fanner Butler ate ten corn pones with a quart of apple butter, and farmers Farwell and Roberts got away with two dozen rrrid(lllUnl'n. An!aiA nnvntoliail ri V ')i m n clabber." Everybody nraised Mrs. Camer on's cooking, and that good lady, in a high checked apron and sleeves pinned up, showed by ner smiles her housewifely pride and pleasure at the deserved compliments paidncr. armer Quay .as he took his fifth piece of mince pie with Dutch cheese, said ne'dbe dad bmged" it he ever "did see such pie afore." After dinner Mrs. Cameron and tho girls cleared oft" the table, and took their knittinsr. Farmer Cameron brewed a stiff mm punch, and the men lit their pipes and discusscu iqb question cnosenior tne occasion. The question selected was: "Improved Methods iu the Cultivation of Portholes." A creat man v brilliant thin era v-4sr naid pro and con. After that fanner Childs

A ROIAICE BY

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read an able essay, entitled. "What Character of Soil is Best Fitted for Raising Succotasht" After a "while one of the White Ilouso hired men came in and 6aid Cleveland wanted them to come over to his house, an he had company and couldn't cet away. Thereupon they all put on their coats and went over, except fanner Blaine. He said he felt a little tuckered from his long trip, bo he thought he'd go out to tho farm and looK after the horses and then go to bed. . ... m m A HEAVENLY DISPLAY. Cons tan tine's Mythical Cross Almost Dupli cated in the Sky Above Dakota. "Watcrtown (D. T.) Correspondence N. Y. Telegram. The inhabitants in this region were treated to a sublime and unusual display on the morning of the 9th of January, at nearly the time of sunrise. t Three gorgeous J'i.i3iJJ1 tlVy LUlUUlUOf OU1UO ttlkiU l llVJ UUiUlU the sun made its appearanco, 6hot up from the vertre of the prairie into the heavens in intense oriliiancy, equaling the light ot' tho sun liseii, except mai me rumance oi 1110 columns was subdued with tho prismatic colors; but they were moro intense than anv rainbow ver seen. These prismatic columns extended onethird of the way to tho zenith, and at the upper end gradually blended with the sky. But what made the phenomenon remarkably striking was that the center column assumed the form of a cross from a small cloud that hung directly athwart the center, and was illuminated by the light of the sun, still below the horizon, and formed the transept of the tigure of the cross. In addition to the usual prismatic colors, outside of the columns were bands of intense silver white, which blended with the atmosphere and rendered them more beautiful and larger in breadth than the ordinary rainbow. The weather for many days before tho appearance of the phenomenon had been remarakbly mild for the season, and had suddenly changed, the thermometer falling considerably below zero. The morning was very clear and bright, but very cold, when the prismatic cross and its two gorgeous supporters appeared. The phenomenon remained for about fifteen minutes after the sun had risen. Could superstitious people have seen this wonderful display they would h.ivo fondly thought it a modern revival of the miraculous vision scen,by the EmperorConstautine, which converted him to Christianity. Our modern cross did not appear with that supernatural logend, "Inhocsignovinces," which Constantino tsays he saw in the skies, but Eusebius, the historian, seems to have been shaky about that part of the vision, and expressed his doubts to the very positive Emperor. 1 cannot conceive of any display in the heavens which, in other respects, would more closely dnplicate the vision of Constantino than the brilliant phenomenon observed in our Dakota skies. Reaching After Terre Uautr. Terre Haute Exprf ss. The Democratic Legislature has changed the Curtis bill for the control of cities 60 that Terre Haute is to be brought within its scope. At first glance we don't see any point in doing this. The city is now under about as reckless Democratic control as it

JOAQM MILLER

the Readers of the JOUJiXAl, famous poet of the Sierras, a romance entitled - extent with that river which prose fiction, according to a Journal have purchased the and its publication will be four weeks. SEND rSR CATALOGUE AND PRICES. EICHAEDS. 77 South Illinois St., Indianapolis, Ind. MOST NUTRITIOUS. 2 m is possible to place it. Perhaps, however, the local Democracy, repJizing that th people of Terre Haute aro getting ready to rise in their might in May and remove the local bosses, prefer bosses selected by Green Smith's Legislature, who will berve two years at least. Carrying It Too Far. Bost n jr'rrxM. That iu"jt graceless offender, the bad r syrette, is now accused of bringing thoso rcho eu it to suicide. We can well understand how thoso who are compelled to endure the fumes of the average cigaretto might bo tempted to suicide if there were no other escape from its fearful eflluvia, but it is not easy to conceive of one of it complete victims with courago enough leftto kill himself. m Preference of 3IlnneapolIa Girls. Minneapolis Tribune. A fashion note 6ays: 'Vide elastic belts, woven with silk cord and gold wire, are both stylish and convenient for young ladies." There are certain young ladies hero who would undoubtedly prefer a brawny right arm if the must wear belts. There is something moro magnetic about a right arm than about an elastic belt. Something That Will Never Happen. Cleveland Leader. When a Democratic Legislature of Indiana refrains for a whole week from at tempting somo despicable theft of an office, or some fraud to clinch its hold on the State Treasury, wo 6hall expect to see the sun stop in its course and the whole planetary system unite in, a majestic hymn of thanksgiving. ' Accounting for Democratic Methods. Wasliington FoaV Wo are informed, on high statistical authority, that there aro three hundred and sevent3'-hve natural-gas wells in Indiana, yielding about 000,UU),0u0 gallons of gas daily. That may account for the odoriferous and asphyxiating features of Hoosier State politics. Accounting: for a Star. Boston Herald. Jennie June thinks tho women Max O'Kell met in this country were of the sort that women never see. This will be apt to make Mr. Ulouet'n cars tingle. Also to increase tho sales of his book! What Carolina Wants, riiiladelpliia lress. Listen to South Carolina shouting for higher duties on rice, which is already protected at the rate of about ILK) per rent! Thercisnothinjr mean about South Carolina, except her earthquakes. "Naughty Winter. Detroit Tribune. ' Winter is now sitting in her own lap, with a whito apron on. Thk wide-swread fame of Dr. Bull's Cough Syrup is justly won by its own merits, and the reputation it has gained has been secured by its universal ins

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