Rensselaer Republican, Volume 21, Number 27, Rensselaer, Jasper County, 7 March 1889 — LEGISLATIVE NOTES. [ARTICLE]

LEGISLATIVE NOTES.

• A%ill has parted.lhe 1 Senate which nhfbdirizt-8 the Gpvernor. Auditor; ; retary pud Treasurer of State to accept the Suite House as sqon as the final report of the Commissioners has been passed upon, ■ ■ >. ‘The Senate committee on elections submitted a report on the resolution to pflbw Scott Ray $6 0 for expenses incurred in hie contest case. There were four reporto submitted, a majority, recommending that Ray be allowed the amount, and on that proposition there was a thinority report. A majority regort also recommended that Samuel J. arpenter, the l contestee, be allowed j SSOO, and on that there was also a miI nority report. The whole natter was ‘ referred to the committee on finance I without debate. H-.-I In response to an inquiry from the House, the Governor, Tuesday, transmitted to Speaker Niblack a statement showing the financial condition of the State. Estimating the tax levy of twelve cents on each SIOO remaining as now, the revenue is placed at $1,400,000 for • each of years 1889 and 1890, while the actual expenses for the year ending October 31, 1889, including $125,000 for General Assembly, will be $1,864,970. > -To this should be added undrawn amounts on\ appropriations for sol*„ diers’ monument, Soldiers’ Home. &c., making the whole aggregate $2,246,670. To this must be stilr further added appropriations for Feeble-minded Instiy/ tute, Reform Schoo), and such other items as may be determined by the General Assemb'y, estimated at $1,280,970, Inqu : ry shows that there will be a deficit over all reports for the fiscal years 1889, 1890 and 1891 of $2,052,410, and that a loan of $2,200.000'wi1l be necessary. There is now in the general fund embraced in the accounts to which the Governor alludes but $25,000. The Governor recommended a long loan, as ofie could be 'placed more advantageously than a short one. His suggestions we re referred to the Committee on Ways and Means. ' 7 Gov. Hovev, in refusing to abide by the action of the Legislature in depriving him of appoitmentSjraises a quest ion of great importance.and One which hat never Deen decided by the Supreme Court. He Imld's that the General Assembly has the right to create oTTices not prohibited by constitution, bu_t contends that the spirit of the constitution, if not the letter, is violated when authority is assumed to elect those w i ho will discharge the functions of the offices thus created. There are bine States institutions (penal, benevolent and reformatory), with thirty-five officers and a multitude of subordidates, which are ' included in fthe construction which the Governor gives to die contitution, and which are now in charge di, Democrats. They Wield great influence in the priitied of the State. There are also four bureaus or departure: 's similarly controlled and all this patronage will revert to the Republicans if the Supreme Criirt approves his interpretation of the constitution. The issue raised by the Governor to the legality of the recent elections py the General Assembly involves not only the Commissioners of the Court, but also the benevolent Boards, the Prison Directors, the Bureaus, and all the subordinate officers of the State, with their innumerable sub-appointees.

The Senate has passed Senator .Cox’s homestead bill. It provides for a radical change in the present homestead or exemption law, raising the amount subject to exemption from $6(10 to $1,600. The fiist provision is that the homestead, not exceeding in value SI,OOO. consisting of real- estate, owned and occupied by any resident house-holder of the State, shall not be subjeted to attachment, levy or sale upon execution, or other process, so long as the same shall be owned aad occupied by the debtor as such homestead. Such homestead is exempt as well after as before the death of the debtor, and in event of the death of the debtor, the estate shall descend to his heirs at law, free and divested from all claims, of creditors, so long as the heir or heirs own and occupy the same. The homestead I shall only be liable for assessments and t xes accruing thereon, mechanics’ lien for work, labor or material furnished exclusively for the improvement of it. or for the payment of obligations tracted for the purchase of real estate, or to satisfy any debt secured by mortgage upon the homestead, executed and acknowledged by both husband and wife, or an unmarried claimant, and the whole, or a sufficient portion of it, may be sold to pay the same. In addition to the exemption of homestead, an amount of personal property not exceeding in value S4OO, together with his household furniture, not exceeding in value $200,. is made -not liable to sale on execution or any other final process from any court for any debt growing out of or upon a contract, express or impli§< after the taking effect of the act. Thursday morning all of the newly elected Supreme Court. Commissioners pre-enterl their certificates to Judge Byron K. Elliott, with Anote signifying that they had taken the oath of office and were prepared to enter upon their duties. Judge Elliott said: “I respectfully decline, for the present, to file the, certificates tendered me. Questions are inyote’ed which I deem it my duly to submit to the court. Two of them. I suggest (1) If an office is created by the General Assembly, is not the only evidence of title a commission signed by the Governor, sealed by the State seal, and attested by the Secretary of State, as provided in section 6 of Article 16 of the Constitution? (2) If the General Assembly has authority to empower any other person than the Governor to issue a commission upon the refusal of übe Governor to issue it, is tjrere any evidence before me t|pon which I can officially act on a refusal by the Governor?” {-When it was found'that the Commissioners were not attempting to force their claims to a test, papers were prepared for the beginning of a suit to enjoin the Commissioners from undertaking to assume the duties or privileges which the/ claim. The tiile of the suit is: The State by relation of Alvin P. Hovey, Governor, versus Wm. T. Noble, Clerfc of the Supreme Court, Wm. E. Niblack. John R. Coffroth, Jeptba D. New. Robert Lowry and Mortimer T. Nye. Ad of the Commissioners qualified by taking the oath of office. It was thought to be their intention to proceed to purchase desks and hooks for their offices, and in order to prevent such an expense to the State until the matter is finally settled, and at the same time-to bring such settlement at the earliest possible date thi _ suit is brought.