Indianapolis Journal, Indianapolis, Marion County, 22 April 1889 — Page 4

THE INDIANAPOLIS JOURNAL, MONDAY, APRIL 22, 1889.

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THE DAILY JOURNAL MONDAY, APRIL 22, 1SS9. WASHINGTON OFFICE 513 Fourteenth St. r. 8. Heath. Correspondent. NEW YORK OFFICE 201 Tempi Court, Comer Bookman and Nassau Streets. TEIIMS OF SUBSCRIPTION. DAILY. One year, without Fnnday f 12.00 One year. -with Sunday loo flx months, without Sunday e.00 Six months, with Sunday 7.00 Three months, without nnday. ....... ........... 3 00 Three months with Sunday 2.50 One month, without Sunday 1.00 One moii tli, with Sunday 1.20 WEEKLT. Per year $1.00 Reduced Rates to Clubs. Subscribe with any of our numerous agents, or end subscriptions to THE JOURNAL NEWSPAPER COMPANY, I.VDIANAPOLIS. I.VD. THE INDL1KAPOLIS JOURNAL Can be found at the following places: lOXrX)N American Exchange la Europe, 443 titrand. PARIS American Exchange la Paris, 35 Boulerard dcs Capucme. NEW YORK Gilsey TJonse and "Windsor HoteL PIIILADELPIIIA-A. pT Kemble, 3735 Lancaster avenue. CHICAGO Palmer House, CINCINNATI J. P. II a vr ley A Co., 154 Vine street. LOUISVILLE C. T. Deering, northwest corner Third and Jefferson streets. IT. LOTJIS-TJnion News Company, Union Depot and Southern HoteL WASHINGTON. D. C.-Itlygs Tfcrase and Ebbltt House. Telephone Calls. Business Office 238 Editorial Rooms 242 Even a Democratic Legislature must bow to tbo decision of tho Supremo Court.

To-day the great Oklahoma movement will begin in earnest, and from this time on look out for bloodshed. TnE political atmosphere is clearing. It will be a long timo before another Legislature will attempt to create a court and appoint the judges. Last winter the Constitution of Indiana was in tho hands of its enemies. Now it is in the hands of its friends. A Supreme Court is a very different body from a partisan Legislature. The Sainoan controversy is a legacy of the last administration. If Germany is willing to concede the autonomy and independence of Samoa what was it all about! Perhaps ex-Secretary Bayard can tell. The President has asked cx-Senator Mahone to a conference on Virginia politics, and the Bourbon leaders of that State pre in a cold sweat about it. Bourbon Democracy in Virginia is on its last legs, and has a mortal terror of Mahone, who, by the way, is one of the greatest political organizers and leaders in tho country. If the Democratic partisans in the last Legislature had been content to create a commission of persons to be selected by tho court or appointed by the Governor, they would doubtless have received a portion of tho appointments, and tho Supremo Court would have gotten relief. The Democratic determination to have all live of the commissioners led them to enact an unconstitutional law. A Washington correspondent of the New York Post says certain persons are "trying to affix the stigma of mugwump" to Civil-service Commissioner Lyman, and defends him from tho charge. Tho i correspondent is evidently not in thorough harmony with editor Godkin, Who pretends to think "mugwump" a term of distinction instead of a stigma. Tho Washington, man will have to bo disciplined. ' President Harrison, it is said, is having some trouble to find two men, one a Republican and the other a Democrat, who are strong enough party men not to bo mugwumps, and who aro at the 6amo time sufficiently non-partisan to be in thorough sympathy with the civilservice reform law. He might get out of the difficulty by appointing women to the positions. The country is full of women who aro at once partisans, ardent civil-service reformers and well qualified for the duties of commissioners. Easter Sunday brought tho good news that the passengers of tho Danmark aro all saved. They were taken from the disabled steamer, landed at the Azores, njyl are now on tho way to Philadelphia in two of tho regular Lisbon steamers. This is a fortunate ending of what threatened to bo a terrible disaster, and confirms tho view advanced by the Journal a few days ago. The good news will carry joy to many hearts and families. Hans and Nils are pafo and the wedding with Christina can go on. The Stato Statistician of Ohio has completed a carefully prepared state ment of tho entire mortgage indebted ness of that State. When the Mills bill was under discussion in Congress it was asserted by Democrats that the mortgage indebtedness on farm property alono in Ohio was $701,000,000. Instead, the total on all kinds of realty from city and county is but $'3C0,999,20o. Of this not more than $CO,000,000 is on farm proper ty. Tho statistics enow that farms in the vicinity of manufacturing cities are freest from mortgages, and those most remote from manufacturiiigccntcrsmot heavily incumbered. Thisj is a nut for ireo-trauers to cracK. That one of "our foreign consuls" who i quoted by George Alfred Townsend as criticising Kennan's Siberian articles as unjust, and as speaking lightly of tho atrocities described by that traveler a "incidental ami necessary discipline," should bo asked to givo categorical an swers to certain questions. He, for in stance, excuses tho prison system and treatment of political prisoners on tho ground that in Russia the chief and moht constant crime is political conspiracy "which aims at the very substanco of that heroic civilization which has brought into lino with Europe, instead of with Asia, a great variety of nomadic and wild races This would leave the inference to be drawn that the conspirators are members of these semipavago tribes, whereas it is a matter of official record, with which Mr. Kennan has nothing to do, that the majority of

these political convicts come from tho

most refined arid highly educated classes; that among them are professional men, members of tho aristocracy, and students, men and women. Tho foreign consul should explain this circumstance before going further. THE 8UPEEME COURT DECISIONS. Tho two decisions rendered by the Supreme Court on Saturday are important and fundamental. They deal with largo questions of constitutional construction in a spirit entirely worthy of the occasion and tho conclusions reached will command the assent of lawyers and laymen alike. It is fortunate that, in both cases, the court is unanimous in its decision, and that the reasoning and conclusion are so strongly presented as to leave no room for doubt or quibble. In discussing tho validity of the law creating the Supreme Court Commission and appointing its members, the court makes an admirable statemet of the elemental principles involved. Tho independence of the judiciary and its absolute sovereignty within its constitutional sphere have never been more clearly or strongly asserted. The reasoning on this point is strengthened by tho obvious fact that the court is not asserting its own rights, but those of the Constitution and the people. This part of the decision is sure to become a leading authority. After discussing other phases of tho case tho court reaches tho conclusion that tho commissioners are, to all intents and purposes, judges, and that in assuming to appoint them the Legislature plainly exceeded its powers. Only Supremo Judges elected by the people or, in case of vacancy, appointed by the Governor, can act as such. Z the commission was anything it was a supplemental court or judicial annex to the Supreme Court, and the commissioners were deputy judges. But the Legislature cannot appoint deputy judges any more than it can Supreme Judges. "It is clear," says the court, "that there are and can bo no such offices as tho Legislature has assumed to create, and that tho act is in all of its parts utterly void." In tho case of the Insano Hospital trustees tho court holds their election by the Legislature valid. The vesting of all executive power in the Governor does not necessairly deprive the Legislature of the right to elect certain agents and officers of the law, and tho trustees are of this exceptional class. The decision is carefully fitted to the caso in hand, and does not necessarily apply to others now pending. The reasoning of the court in the commission case is on the same line as that of the Journal while the bill was pending in the Legislature, and some of the points were ably presented in the minority report against the measure. If they had been heeded a valid law might have been passed for the relief of tho Supreme Court, but the Democrats heeded nothing. They were solely intent on passing a partisan measure and legislating five Democrats into office. The result it, the miserable, nondescript, bungling law has been set aside, and tho Supreme Court will have to wait two years longer for relief. THE ORPHAN ASYLUM LAW. The last Legislature passed a law auth6rizing county commissioners to purchase land and erect buildings for orphan asylums at an expense not exceeding $5,000, or in counties of 2o,000 population at an expense of $10,000. No provision is made for maintaining the asylums. County commissioners may provide land and buildings, but the maintenance must be provided for by organized charities or private benevolence. Tho object aimed at is very commendable. The number of orphans and waifs in all the counties is constantly increasing and will continue to do so. Not a few of theso are in county infirmaries or poor-houses, where they are brought in contact with adult and perhaps vicious paupers, and their environments are altogether bad. The number of such orphans in the entire State amounts to several thousand. It is higldy important that they should be saved from pauperism and crime, and there is no better way to do this than by placing them in well-managed orphan asylums where they can be properly cared for until homes aro provided for them. Tho new law authorizes the commissioners in every county in tho Stato to aid in this work by purchasing land and buildings for asylums, where local associations will assume their maintenance. There are ninety-two counties in Indiana and twenty-two orphan asylums, with from fifty to seventy-five children ineach. This leaves seventy counties unprovided with asylums. Ono institution deserves special mention. The Northern Indiana Orphans' Home, at Mishawaka, is the most extensive and useful private benevolenco in tho State. Established about seven years ago, without the backing of a State law and without any public aid, managed by women exclusively, it has grown to be a valuable institution. It is now patronized and supported by ten courties iu northern Indiana. It receives orphan children of any age up to sixteen years, and locates them in homes in private families. Since its establishment it has received 408 children and provided homes for 300, the rest having been transferred, taken by friends, or died. At present it ha3 no less than seventyfive applications for children to be provided with homes, of which forty are from Nebraska. Its children have been placed in good homes in ten different States. This excellent institution is controlled by ft board of female managers living in Mishawaka, with advisory members in tho ten different counties that patronize it. Tho president of the board is Mrs. J.E. Work, of Mishawaka, and persons desiring information concerning the organization and management of such an institution should communicate with her. The success of this institution snggestg that the object of tho new law may perhaps be better attained by tho co-operation or joint action of several counties than by establishing separate asylums. Tho commissioners could unite, under the law, in buying land and

erecting a building, and a central society, with branches in the different counties,

could furnish the maintenance. The subject is of sufficient importance to en list the interest of charitable people throughout the State. Tho orphans aro with us always, and their number will increase as tho population of the Stato increases. They must be rescued from vice, and crime, and bad surroundings, and must be provided with homes. Tho fact that only one fourth of the counties in tho State have asylums shows that a large number of these waifs are now un provided for. The new law opens tho way for such provision. To the. Editor of the IndianaiioUs Journal: Will tou be kind enouzh to publish Beerions No. 1753 and 1754 of the Kevlscd Statutes of the United States, x. H. b. fcl'ENCKR, Ind. Section 1753. The President is authorized to prescribe snch regulations for the admission of persons into the civil service of the United States as may best promote tho efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge and ability for the branch of service into which ho seeks to enter, and for this purpose he may employ suitable persons to conduct such inquiries, and may prescribe their duties and estab lish regulations for the conduct of persons who may receive appointments in the civil service. Sec. 1754. Persons honorably discharged from tho military or naval service by reason of disability resulting from wounds or sickness incurred in the line of duty shall bo preferred for appointments to civil offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices. To the Editor of the Indianapolis Journal: Please state when was the name Oklahoma given to the Terrivry that now bears that name I What are its boundaries! How many farms of ICO acres each Is comprised in tho Territory 1 Ladoga, Ind. g. e. b. Oklahoma in Chickasaw language means "beautiful land." Originally it embraced a very much larger territory than that now opened to settlement. It was used in treaties with the Indians as early as 1833, being then applied to the section of country patented to the Creek Nation. The present Oklahoma includes only a small part of tho original tract. It is bounded on the north by tho Cherokee outlet, south by the Canadian river, cast by the Indian country and west by Texas. It contains 1,878,000 acres, of which not more than l.GOO.OOO is good tillable land. This would make, say 10,000 homesteads of 160 acres each and there will be probably 60,000 people fighting for them. To the Editor of the Indianapolis Journal: Flease inform me whether a person can bo postmaster, the otlice yielding from $30 to 10 per quarter, and at tho same time hold the office of notary public, the profits of that office being about $25 a year. Header. Versailles. Ind. No. He could if the postoffice was not worth more than 90 a year, but that is the constitutional limit of a lucrative postoffice. To the Editor of the Indianapolis Journal: r ' Will you inform me who the Governors of Indiana were from Ray tUl Morton! L. r. n. Carthage, Ind. Noah Noble, David Wallace, Samuel Bigger, James Whitcomb, Paris C. Dunning, Joseph A. Wright, Ashbel P. Willard, Abram A Hammond and Henry S. Lane.' To the Editor of the Indianapolis Journal: ?- Does the new election law affect tho spring election for Incorporated cities and towns! JiLOOMl.NODALE, Illd. A READER. 1 The law does not apply to any election. toJ be held prior to tho iirst Monday in June,n 1V c mmmmmmmmmmmmmmmmmmmmmmmm i ABOUT PEOPLE AND THINGS. Sir Morell Mackenzie has gone to thq Canary isles 'for much needed restC' His health has suffered serious impairment during the past winter. Mrs. Elizabeth Stuart PnnLrs Ward is visiting her old home at Andover. Her health has been entirely restored by her winter at the South. "We must give the twins names which will not begin with the same letter." "Of course," replied the father. "Suppose," continued the fond mother, "that we call ono Ernest and the other Ugenef" WnEX Miss Huxley was married tho other day she had Mrs. Humphrey Ward's and Alma Tadema's daughters among her brides-maids. So it would be hard to say which of the young people shone most in reflected parental light, Robert P. Porter, as superintendent of the census, will have a salary of $5,000, and among other things in his gift a chief clerkship at $2,500 and ton chieftainships of division at a salary of $2,000 each. The 30,000 enumerators will bo paid so much for each name. An interesting case is pending in tho New York Supremo Court which involves $200,000. Two little boys, who were heirs to a considerable fortune, were drowned while skating. The relatives are now trying to Srove which one died first, and upon this epends the settlement of the money. One of the forms in which tho "golden wedding" of Mr. and Mrs. Gladstone will be celebrated this summer will be the holding of a special reception in their honor, in July, at the National Liberal Club in London. From two to three thousand guests are expected to be present on the occasion. When the Rev. Ed warn Beecher, in 1834, published his book on the pre-existence of human life, his father. Dr. Lyman Beecher, was asked what he thoueht of the theory. "Well," he replied, "if the Almighty has been ruuning the universe on this plan all theso ages and has succeeded in keeping it a 6ocret, 1 think it's a shame for Edward to expose it." Mrs. Abner Purcell, of Chicago, about a dozen years ago told her husband that if ho would deed her a piece of property she would agree not to speak to him again, an opportunity which he seized onthe instant, and ever siuco there has been peace in the family and they have been getting rich. That is a great improvement on the Chicago divorce court. It is told of the present Czarewitch that ono day, reading "The Lady of the Lake," he came to the line, "Long live the Commons Kin?. King James!" and exclaimed with sparkling eyes, "Yes. the King of the Common People! That is the oulv Kind of a Kin? that 1 would care to he." His father used to make such remarks, too, before he came to the throne: not since. A New York man, who appears to be favorably situated to see what is going on, eays of illuminating gas that instead of being in its last days.it is but just born. When the companies had matters all their own way, their attitude toward inventors was one of hostility. Now electricity has stirred them. to try new materials for producing gas. and new burners for increasing its illuminating power. In a few years its use for fuel may be general. The lack of pnblic school facilities in some portions of New York greatly aids a few score of enterprising young women, who get an abundance of pin money by setting up private schools for the children of the neighbors in their homes. With from five to twenty pupils in i he primary branches a girl of ordinary intelligence can make a very comfortable 6um. In one ward there are 5.000 children who attend these little- private schools. There areS.OOO other children iu tho tame ward who cannot find room in the public schools. One of the good things about the Century Dictionary is that it contains the slang meanings of words, so that the intelligent foreigner who is learning English can understand the language in which the young

man of the period addresses him, and when, for instance, a youth confesses himself to be a hard case, and admits that he has been on a bat.the intelligent foreigner will not have a vision of him as an iron case perched on the back of a squealing, flying mammalian. It will spoil several liignU venerated stage jokes, but they can he spared. , The Women's Tribune is publishing articles on "Woman and Marriage," and urging women to investigate the laws of their States or Territories relating to marriage and divorce. The different States have different laws, and the majority of them are said to be harder on the weaker than the stronger sex. In New York Stato there is ono cause only for absolute divorce. Tho women reformers deny that this is humane or wise, and they are seeking to have the law amended so as to include offenses not now recognizf d by.the courts, and, further, to give women tho right to their children. Mrs. Jule Eastman, of West Virginia, is one of the mightiest hunters in all of its mountains. Sho is a dead shot with tho rifle, and has killed bear and deer by hundreds. She is big. black-haired, and ugly, but so industrious and warm-hearted as to more than make up for lack of beauty. Her carrying capacity must be something enormous, as she has been known to carry more than one hundred pounds a distanco of seven miles without resting, and is said to have lugged a sewing-machine all the six'y mountainous miles between her home and Grafton. In addition she has seven children and lots of well-bred kinfolk. who delight to visit her and to talk of her exploits. The late Duke of Buckingham once related that when ho joined the London and Northwestern Board, on the day of the first meeting after the election he went to Euston square to attend it. Ho was too early, and on asking a porter who was hanging about where the directors' room was, ho was told that he had come too soon, and went away. On returning some little time later he again found the same man, who fiave him the same information. After a onger interval the Duke again came across his friend, whom ho questioned as to whether the directors were not sitting. The man, very much irritated at being so often accosted, looked at him and said: "There's no uso you coming about a place here; you aren't big enough."

COMMENT AND OPINION. Intoxication is not a mitigating circumstance of crime. Public safety will not admit of such a concession to sentiment. If it did, every villain who wanted to commit a crime would get drunk as a preliminary measure. New York Press. Civil-service reform in its severe and abstract simplicity is not palatable to the politicians, and until party politics cease to be will not be practicable. All roads away from it lead to a common point; the old doctrine, that to the victors belong the spoils. Washington Post If ignorance disqualifies a man for the discharge of the higher duties of social life, why should it not disqualify him for the discharge of the highest political duties! If paupers, and criminals, and contract laborers aro not qualified as immigrants, why should the grossly illiterate be qualitiedf Philadelphia Telegraph. TnE whole great United States of America has watched tho decline of the postal service for four years now by reason of the putting out of trained men. . It will rejoice to see them put back by tho thousand, and the bigger the score recorded by tho mourning mugwumps the bigger the gratiitude of a letter-writing nation. Hartford Courant. The great aim in assessing taxes should bo to make the burden fall as equally as possible upon all classes, tho direct opposito of the Henry George plan. If. ns charged, large tracts of land are bought and held on speculation, and are not fully taxed, that can be remedied without unjustly increasing tho burden upon the farmers. Cleveland Leader. Having made the vote of the Southern black man perfectly innocuous, it i3 somewhat absurd for the Democratic editors down there to threaten the withdrawal of colored support to a Repnblican national ticket in the Southern States, as a punishment to President Harrison if he makes protection and not race tho issue in Southjeru elections. Nebraska State Journal. TnE continuous cheapening in the bnvIng value of all that the worker has to con sume is each year increasing the purchas ing power ot the dollar, so that his condition is all the time growing better, except by comparison with that ot the few who have larger incomes than they can spend, and which do not therefore add Proportionately to the enjoyment of thevposscesors. Chicago Tribune. How is it possible to have the best civil service when appointments are used by large politicians to strengthen themselves with small ones? when appointees aro selected primarily by reason of their residencet and only secondary on the ground of their personal capacity! The time will come when the public service of this country will be run as a man runs his business. Omaha Republican. In the far West a man who fingers a revolver carelessly always commands a peculiar sort of respect. This respect diminishes as law becomes more firmly established, and finallv the owner of a revolver makes .himself liable to punishment by simply carrying it concealed on his person. There is now no law in Oklahoma, but the rule of might; and the cranks who own revolvers will have large in Aliened for a time at least. Milwaukee Wisconsin. .This talk of our "prohibitory tarifl" shutting the South American people out from our ports and forcing them to carry their goods to Europe to "buy where thev can sell," is one of the most ridiculous fallacies of the wholearmory of the free-trade propaganda. It is a significant circumstance that, of our commerce with South America, the portion which is in the most flourishing condition is that with countries with which we are connected by American steamship lines. Boston Journal. The very thing whica the Bourbons have been clamoring for since the old reconstruction days has now come to pass, and yet they are far from beinghappy. The organization of white Republicans which has just been started in the South is not, strictly speaking, designed to repel the African. It is simply an attempt to eliminate tho race element from politics and divide parties on economic issues. In this new departure there is no actual ostracism of the negro by the Republicans intended. St. Louis Globe-Democrat. There art few people more practical than the corrupt practical politician. He does not indulge in corrupt practices because he loves them, but because they bring about the resultshe desires. Change the system so that they will cease to be effective and he will at once cease to use them. The attempt to purify the ballot by elevating the moral tone of the people, while continuing to conduct elections on a svsteni which tempts to fraud and corruption by the opportunities it offers, will not be successful till the millennium comes. Louisville Commercial. Will Be Sustained. Indianapolis Civil-Service Chronicle. Postmaster Wallace has repeatedly and emphatically declared that he means to enforce the civil-service law in letter and spirit. He is a lawyer and knows what this means. He has taken his stand so firmly as to the classified service and has kept it against such heavy pressure for the sixteen days he has been postmaster that there is no reason to expect him to depart from it. When once it is understood that there is no underground road, that all stand tho same chance m competition, and that no one, whatever his politics, will be dismissed without cause, there will be no further trouble. Mr. Wallace may have the satisfaction of knowing that, excepting hungry place-hunters, this community will sustain him in making his ofiice an exclusively business institution. Wants New Members. Indianapolis Civil-Service Chronicle. We are informed by the president of the Indiana Civil-service Reform Association that thirty-rive new members have been received since our last issue. It is to be hoped that every one wbo believes in the ?nnciples of this association will join it. here are no dues or charges. Cannot Be Solved by Theory. Baltimore American. The latest discussion of the Southern question shows that it remains just where it was. No amount of theory will solve it. The solution must he left to the irrndnal extension of progress, and the growth of civilization ana enterprise.

WHEREIN ME P(WER RESTS

Judicial Department Least Trammeled by Constitutional Limitations, Neither the Executive Nor the Legislative Can Select Persons to Assist the Conrts in the Performance of Their Judicial Duties. Opinions Concerning the Election of Trustees for the Insane Hospital. Jnde Mitchell Holds That the Carson Board Is Legal and His Associates Concur, bat with Different, Views of the Law. SUPREME COURT COMMISSIONERS. No Constitutional Authority for Such Officers Can Be Found. It is held in the opinions handed down by the Supreme Judges, Saturday, that the act creating a Supreme Court- Commission is unconstitutional while tho election of the Carson board of trusteed of the central Insane Hospital is legal. As to tho invalidity of the Supreme Court Commission act, Chief-justice Elliotts rote the opinion, in which there was unanimous con currence by the other jtvlges. In the beginning different 6ecticr.s of the act to which the conclusions of the court pertain aro mentioned, such as the first, wherein the purpose of the comrji&sicn, length of term, salary and filling of vacancies are prescribed: the fiecrarl. relating to the duties to performed; the third, referring to rooms and stationery; the fourth providing for use of the library; the fifth permitting, the appointment of a messenger and such other assistants "as they may deem necessary for tho conven ient and expeditious performance of their duties;" and the sixth, making an appropriation "to meet the payments required by the act." Section 1. Article VII, of the Constitution is then quoted, ordaining that the judicial power of the Stato shall be vested in one Supreme Court, in circuit courts and in snch other courts as the General Assembly may establish." It is held that tho effect of this provision is to vest in the courts the whole element of sovereignty known as the judicial, estab lished by tho Constitution and the laws en acted under it, except in a few instances, where powers of a judicial nature aro ex pressly and speciheally lodged elsewhere. Kilbourn 8. Thompson, 103 U. S., 1G8; PeoSle vs. Kecler, 00 N. 1., 403. S. C. 53 Am. ep. 40. The opinion then sets forth tho following: . Ono element only of the three which compose our gov ernniental system is vested In thecdurts, bnt to no other department Is more than one element given. Each of tho three departments has all there is of the element assigned to it, but it nas nothing more. J-.ach department has, it is true, incidental rights of a nature intrinsically different from the body of the power distributed to it, but these incidental rights are such only as are necessary to enable it to perform its functions as an independent branch of tho government, and are, in fact, part ot the principal power itself. Of the element of tovereigutjr which is exclusively and intrinsically judicial, the people pave the courts all they had to give. The domain of the judiciary is not so extensive as that of the other departments, but no other power can enter that domain without a violation of the Constitution, for within it the power of thejudiciary is dominant and exclusive. The element of governmental power given to thejudiciary is almost unfettered. Of all the enumerated departments of governmentand ours is from the foundation upward a government of enumerated and distributed do fmrtinents the Judicial is tho least trammeled y constitutional Umitations. Less extensive than others, it is freer from restraints. Few limitations circumscribe its powers and fewer restrictions trammel its functions. It is true that the judicial department is not absolutely supreme; outside of its sphere it is, indeed, without power, but no one of the departments is supreme in the strict sense, for the supreme power is In the people. No one department Las, or can have, until the prople fchall change their organic law, all tho powers of government, for those powers aro carefully divided and clearly distributed. To aflirm the contrary is to assert that all of Section 1 is a collection of meaningless words, and every word of Artice VII without meaning. But written constitutions are the product of del ibe rate thought. Words are hammered and crystallized into strength, and if ever there is power In words it is In the words of a written constitution. Behind the words is tho power of a free people operating through the medium of a con-, stitutional convention, caUed together for tho' purpose ot framing a fundamental and inviolable system of government. Of all governmental instruments it is the most solemn and powerful. It grants are unalterable, its delegations of power unchangeable and its commands supreme. Until tho people themselves shaU change or annul their constitution all must obey Its mandates. "All power," says tho first section of our bill of rights, "is inherent in the people." Our Constitution, therefore, is one in which "the people are recognized as tho fountain of all law and authority, and a large proportion of the citizens, determined .by the sovereign body, exercise the powers of government by representation." (Jameson's Const. Com., Section TO.) In the legislative department the sovereign body is represented by the tieneral Assembly; in the executive department It is represented by executive and administrative officers, and In the Judicial dfpartment it is represented by the courts. Tiie powers of government," ordains our Constitution, "are divided Into three separate department, the legislative, the executive," Including the administrative, and the judicial; and no pcrsou charged with official duties under one of theso departments shall exerciw any of the functions of another, except as In this Constitution expressly provided." The words employed are clear and strong. There is more than a mere theoretical separation, or else words are powerless and constitutions mere empty fulmlnations. The provisions of the Constitution we have quoted, taken In connection with those which prescribe, define and Uunt the powers of the other departments ot government, remove all doubt, and make It incontrovertibly plain that the courts possess the entire lody of the intrinsic Judicial power of the ttatc, and that the other departments are prohibited from assuming to exercise any part of that judicial power. The principle embodied in our proposition control many phases of the case. Among other conclusions to which it leads is this central and ruling one: Neither the executive nor the legislative can select persons to assist the courts ia tho performance of their judicial duties. Grant and this cannot be granted nave for mere argument's sake that it is true that the act bcfore'us contemplated that the commissioners shall be mere assistants of tho court, occupying, as is so earnestly ami at so much length insisted, positions analogous to those of master commissioners or masters in chaneery, and it must follow that such assistants shali . be selected by the court, aud that neither the Governor nor tho Ijefrtslature can cbooe them for the courts. From this conclusion there is no escape, save by a denial of the independence of thejudiciary and the overthrow of tfce fundamental principle that the whole Judicial power of the commonwealth is in the courts. If it be conceded that the richt to make choice of ministers and assistant for the courts Is a legislative power, then neither the Judiciary nor the executive can limit its exercise- nor impose restraints upon the legislative discretion. To but grant the existence of the power, then the extent and the mode of its exercise is and must necessarily be entirely a matter for legislative determination. If this bo so. then the Legislature may select any number of assistants, assign to them whatsoever duties they may see tit, give them access to the records of the court, and surrender to them the right to share with It all labors and all duties. Surely a court thus subject to legislative rule would be a mere dependent, without a rirht to control its own business and records. Uut a constitutional court is not subject to any such legislative control. The Legislature cannot for any puriof cross the line which separates the departments aud secures the independence of the Judiciary. It Is not the length of tho step inside the Kphore of the Judiciary that summons the court to assert their constitutional rijrht and demands of them the performaiico of their sworn duty, for the slightest encroachment is a wrong to bo at once condemned and resisted. Bat the ease before ns does not reqnireusto do more than affirm that where aistant are necessary to enable Judges to discharge their datks as Judges, the court must choose those assistants, fcince the time of Queen Klizabeth courts have appointed masters In chancery, and masters in chancer)' and master commissioners now are. and have alwuys been. nointed by the federal courts. Our own law has from the earliest years of tho 8tate recogulzed. as it does still, the rixht of the Judiciary to select masters in chancery and master commUloner. The acts of IShI and lSH, under which commissioners for this court were apjoiuted. expresnly recognized this right as one vested iu the courts. If practical exposition of a Constitution Is ever of force, and no ono will deny its force, it is here of controlling effect, for the practice has been

uniform and unbroken. For centuries before the adoption of the Constitution, and for all the J ears that have followed its adoption, courts ave possessed and exercised, as part of the Judicial power, the riyht to select assistants. ITocceding still further upon the concession which we have provisionally made, and made simply lor argument's sake, we aihrui that the power to appoint the "ministers and assistants of the Judges is a Judicial power, and wa n judicial powr when the Constitution was adopted. In employing the term "the Judicial power." the Constitution refers to the power as it then existed. Constitutions do not create institutions, but are formed by organized society and refer to the existing condition of affairs. (Coolev's Const. Lim. llfih ed., 47. fitate ex rcL vs. Durham, Jan. 5, 18S9.) "A Contitut!on,' says J mice Cooley. assumes the existence of a well-understood system which is still to remain in force and be administered." (Cooler's Const. Lini. fifth ed., 73.) Our Coustitutiou, iherefore. assumes that a Judicial power was already iu existence, and refers to tho power as it then existed. It means the power which the people understood . to be vested in Judges, for no oilier power Is Judicial. As the Judicial power embraced the authority to select a.Mt.uits ami ministers" at the time the Constitution was adopted, that right was sanctioned and confirmed, for it was the power then existing that was so carefuUy and fully vested In tho courts. It was, as we have shown, a well-known ami fully-recognized principle, that courts should, as part of the Judicial power, have the rihtto choose their own assistants, and tho Constitution has secured and confirmed that principlo beyond the power of tho Legislature to shake it. As Webster says: "Written constitutions sanctify and confirm treat principles, but the latter aie prior in existence to the former." Counsel for the defendants refer us to the case of Taylor vs. Com., 3 JJ March, 401, where it is held that the appointment to othce is intrinsically an executive function. Other courts have

asserted a like doctrine. Ihus it was said in State vs. Barbour. (3 New Eng. Rep. CM,) that "appointments to office by whomsoever mado are intrinsically executive acts." But if we wero to aceept this doctrine as correct and give it full application, then it would completely destrov the claim of the defendants, for if tho right to appoint can never be anything else than an executive act, the attempt of the Legislature to appoint the claimants was utterly abortive But we do not understand the authorities to assert that the selection of officers is always an executive art. 'On the contrary, the authorities hold that while the power is intrinsically executive, it may be exercised by a court or by a legislative body as an incidental power of an independent department of the government. So one would, we confidently assume, be so bold as to assert that the Legislature may not appoint officers connected with its duties and proceedings, and there is no more reason for denying the power to tha courts than there is of denying it to the Legislature. The truth Is, that all Independent departments have some appointing power as au incident of the principal power, for without it no de partment can be independent. (Mate vs. Barbour, supra; Acklev's case. 4 Abbott's lr. Hep. 3d.) We are not here dealing with the general power to appoint, but we are dealing, with a tingle phase of the general question, and we do no more than athrui that each department musfi have, and does have, some appointing power, and that whero an appointment is ebntial to the proper exercisCi of a judicial duty, tho court concerned has authority to make the appointment. If this be not true, then no court can apItnt a guardian, an administrator, a receiver, a referee, an appraiser, or a commissioner. It is, in truth, impossible to conceive of the existence of an independent Judicial department without the power to make some appointments. The denial of this incidental power is the annihilation of Judicial independence. The assumption that the Supreme Courtcan perform its judicial duties through the medium of masters in chancery or master commissioners, or persons charged with duties Uke tbo&e performed by masters in chancery and master commissioners, is without foundation. If it cannot thus perform judicial duties, it can perform none, for its dutv and its power aro exclusively judicial. The Supreme Court must decide for ltsellau questions or law ana iaer. iae lacts must be gathered from the record by the court itself, and cannot be obtained from anyofaer source or by any other persons than the Judges. It is a court of errors, an appellant tribunal, charged with the duty of deciding cases upon tho record, and this duty cannot be performed by deputies. Independently of any const itutioftal provision, this would be so, because Judicial powers cannot be delegated. This principle has been established for ages, chancellor Kent thus states this familiar rule: "The general rule is that Judicial offices must be exercised in person, and that ft Judge can not delegate his authority to another. I do not know of any exception to this rule with us." (3 Com.. 12th ed., 457; Broom's Leeal Maxims, 341; Campbell vs. Board, March 26,99; Iloods vs. ttruston.Tit 11L, 504.) Those who are chosen by the people to 6it as judges must themselves discharge all the Judicial duties of their offices. The trust is mposed upon them, and they cannot share their udicial duties with any person. The people iave a right to the judgment of those whom they have made Judges, and this right the Judges cannot surrender, if tbey would, without a flagrant breach of a sworn duty. The trust Is a personal one, inalienably invested in the persons selected bv the neople. and it cannot be delegated by tho Judges themselves, nor by any one che for them. "It is only the appointed Judge," says ChieljuBtice Byan, "who can speak the authoritative etc., 39 Wis., 300.) We know judicially that our Constitution was so amended as to invest the Legislature with power to create courts superior to tho circuit courts, and that this was done for the purpose of enabling litigants to have appeals disposed of by a constitutional tribunal. It cannot be unknown to any one that all the depar menu of tho government believed that the only method of administering the lawa was by courts created under the provisions of the Constitution, and this belief the people confirmed by their votes in favor of the constitutional amendment. This supplies strong reasons for holding, as we do, that no body, not provided for by the Constitution, can exercise any part of the judicial power of the State. It is apparent, from what we have said, that it is exceedingly difficult to give the act a definite and intelligent construction. Nono has been cire it, and none can be Klven it. that ' will sustain its validity. But this much is clear, it assumes to create offices, to provide for tho appointment of officers, and assumes to give t each of the officers a compensation equal to that of a Judge of tho highest court in thcrritatc. Ono of the sections, the fifth, assumes, indeed, to constitute the persons chosen an independent body, and to imest them with powers greater than those conlerred upon tha Supreme Court. The ultimate fact is that the act assumes to create offices andinvestthe officers with Judicial powers. The attempt, to vary somewhat our statement, although veiled and somewhat obscured, U to create a body with Judicial power and to invest officers with judicial rights and functions. The tribunal and the officers are unknown to the Constitution. The attempt is unavailing, for it has been steadily held that, as said by Howk, J. in Vandercook vs. Williams, 10 Ind., 315: "Only Judicial officers can exercise Judicial powers or functions. Or, as said in other cases: "The judicial functions meant by the Constitution are such only . as courts and Judges exercise. A Judicial duty within the meaning of the Constitution is such a duty as legitimately pertains to an oHIcer in the department designated by the Constitution astudlcial. By this designation is meant the Iudiciary in the true sense of the term." (WilJns vs. State, 113 Ind., 514; hmj th vs. Bo we 11. 20 S. E. Kep., '2tV3, and cases cited: Campbell vs. Board, supra, and cases cited: Wright .vs. Wallahau, 30 11L, 555.) Our Constitution veets the Judicial power of the Mate not in officers, but in courts. In speaking of the Constitutional provision in Waldo vs. Wallace, 12 Inch. 5t;: It will be observed that the judicial power is vested in courts, not in officers." It is clear that tae common law so vested it, and that the Constitution there continues it. (Cooley Const Lim., 4th ed., 74.) If the duues assumed to be aligned the commissioners are Judicial, theu they must constitute a court, since only courts can exercise Judicial power; but, as no such court is recognized by the Constitution, it can have no legal existence. If. however, it be conceded that the tribunal which tho net assumes to establish is a court, then the instant the act took effect tho offices of the judges of that court were vacant. (Kioe vs. The Ktate. 7 Ind., 332; Driskell vs. Tho 6?tate, 7 Ind., 338: btocking vs. The fctnte, 7 Ind.. 1120; State vs. Clark, 5 Neb., ill.) if tho act does establish a court,-then its members are Judges, and if Judges, they must be apiMintd btho Governor and Uv no other power, tor, as di cided in the cases cited, the clause of K ction.l 3 of Article 5 of tho Constitution, which reads thus: "Or when, at any time, a vacancy hall have occurred in any other ritato office, or in the office of a judire of any court, the Governor shall fill euch vacancy by appointment." vests the appointing power in the Governor. In two methods, and two only, can Judges be chosen by the people and by the chief executive, and by tho latter only where there is a vacancy. If tho commissioners are Judces they nave no title. It they are not Judges they can exercise no Judicial powers or xuuctions. nut tho act uoes ni establish a court nor create Judges. Itis simply an attempt to appoint deputy judges and a deputy Judffe is a thin? unheard of iu jurisprudence, and unknown to the Constitution. A plan similar to the ono which the act before usprofcse to outline was recently pro poed to tho bar? New York, and it was condemned as uii:outltu tional. The opinion of Mr. 3Ioak,one of the leaders of the bar of thar State, that "new officers not authorized" by the Constitution canhot be created." was accepted and adopted. In an editorlrJ comment uim the proponed phm it was said: "All hands conceded It to be unconstitutional when they camo to think of it." (M Alb L.J. 237.) . The question which faces u Is not one of discretion, but of Imperative duty. The duty of maintaining the separation of the departments ot tho government and tn integrity and existence of the courts, a established and organized by the Constitution, is one of tho inot Important that the Judiciary 1 required to ieiforui. It in the duty of the court to uphold the Constitution as it is written, and to yield no part of their right or authority. Judges are chosen for the puri ' of maintaining the limitations of the Constitution, without which free government cannot exist. As said by the Omrt of Apicnl of New York: lfthls provision were intended solely for the protection of tho judges they uticht wai ft it. but we do not think It was to intended. It was, in our judgment, like the whole judicial system of the Mate, intended for the benefit of the people, and to wcuie to UtlsrantH n lornui In which thev might havo their controversies frdJndged. the Jurisdiction which tho ConstitutUni preserves iu the courts named islnalleualdc. and carries with it the corrceoudin duly oa 2