Rensselaer Republican, Volume 23, Number 30, Rensselaer, Jasper County, 26 March 1891 — A STATE HOUSE HITCH. [ARTICLE]

A STATE HOUSE HITCH.

Ths Governor and State House Officers Differ.An Views. The constitutional questions relating to the appointing power vesting in the Gov» ernor are to be brought before the Supreme Court as soon as possible. Governor Hovey is trying to force the legislative appointees to take the first steps in the legal proceedings, and he may be able to gain his point. He has sent to the Auditor and Treasurer of State this notice: You are hereby notified that the following persons, pretending to be State officers to-wit: John Brodie, Dr. Zachariah H> Houser, Perry H. Blue, J. J. Smiley, W. A. Bale, Columbus Marsh, Floyd Parke> David Holt, John B. Stoll and Joseph L' Blaze, have never been commissioned as such officers under Sec tion 6, Article 15 o f the constitution of Indiana, which reads as follows: “All commissions shall Usue in tho name of tho State, shall be signed by the Governor, sealed by the State seaj and attested by the Secretary of State.*! All acts purporting to be official by said parties without such commissions are absolutely void, and all payments made to them are contrary to law. In case the Auditor and Treasurer refuse to issue warrants to the trustees until they have been commissioned, they [the trustees] will be forced to bring mandamus proceedings against the Governor for their commissions. On the other hand, if the warrants are issued, the Governor will bring suit to enjoin the Auditor and Treasurer from paying out money to pers _ sons who have not been, commissioned as provided by the constitution. In either case tho constitutional question involved Will be brought hefore the courts. The Governor will not appoint trustees for the various institutions until after the controversy is settled by the Supreme Court, and * not then, pf course, unless the decision should be in his favor. Secretary of State Matthews has an* ■wered the Governor that he will not attes the signature to the commission issued to State Oil Inspector Yancey, and the Governor is preparing to issue mandamus pros cecdings against him to compel him to do so. As Attorney General Smith and the Governor do not look at these oonstitu* ional questions through the same glass, he Governor will likely employ private egal talent to prosecute his suit