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THE INDIANAPOLIS JOURNAL, THURSDAY, APRIL 25, 1889 THE DAILY JOURNAL THURSDAY, APRIL 25, 1SS0. WASHINGTON OFFICK 313 Fourteenth St. r. 8. Heath. Correspondent. TfETV YORK OFFICE 204 Temple Court, Corner Bcekman and Nassau Streets. TERMS OF SUBSCRIPTION. - PAH.T. One year, wlthont Sunday - fl2.00 One year, -with Sunday 14 00 Six months, without Sunday COO Six month, with Snnrtay T.00 Three months, without Sunday 3.00 Three monthsf with Sunday 3..V) One month, without Sunday 100 One month, with Sunday 1.20 WIEKLT. Frr year tl-00 Reduced Rates to Clubs. Subscribe with any of our numerous atiics, or send subscriptions to TIIK JOURNAL NEWSPAPER COMPANY, INDIANAPOLIS, IND. THE INDIANAPOLIS JOURNAJL Can be found at the following places: LONDON American Exchange la Europe, 449 Strand. PARIS American Exchange In Paris, 35 Boulevard des Capncinea. KEW YORK Ollaey House and "Windsor IIoteL PHILADELPHIA A. P. Kemble, 3735 Lancaster venae. CITICAGO ralner House. CINCINNATI jr. P. nawley A Co, 154 Vine street. LOUISVILLE C. T. Deerlng, northwest corner Third and Jefferson streets. 8T. LOUIS-Jnion News Company. Union Depot and Southern Hotel. WASHINGTON, D. C-RiggS Hons and Ebbltt House. Telephone Calls. Business Office 238 Editorial Rooms ...242 Indianapolis -will po on and endeavor to govern herself without assistance from the statesmen of the hoop-pole districts. Once more the Sentinel is tempted to repeat its celebrated editorial relating to the souls of the members of the In diana Supreme Court. Q Didn't we tell you so! As a prophet, as well as a great expounder of the Constitution, the Journal is not without honor in its own State. There was no necessity to "telegraph it to the boys." The "boys" were all here, and, besides, it wasn't their kind of a court nor their kind of a decision. The gang which thought it had pro vided comfortable offices for all its members will now have to go to work for a living., This is hard on our would be leisure class. The great American principle of the right of self-government, it now appears conclusive, cannot be destroyed to please the petty local politicians and a corrupt Democratic Legislature. Ir the two great States of Ohio and Pennsylvania are going to war they ought to find a bigger office than Solic itor of Internal Revenue and a bigger man than ex-Congressman Alphonso Hart to fight about. A great difference is noticeable in tho character of the various Oklahoma dis patches, some being exceedingly gloomy, and others the reverse. This may perhaps bo accounteeffor on the ground that in the one case the veracious cor respondents draw their conclusions from tho reports of unlucky and belated boomers, while others have chanced to fall in with tho cheerful persons "on the ground floor." If newspaper men ever get left it might be thought that some of the dismal reports were the result of 'personal experiences. Tiie New York Commercial Adver tiser thinks President Harrison has or ganized an Anglo-mania o administra tion, basing its argument on tho ap pointment of Mr. Halford as private secretary and the selection of Robert P. Porter as superintendent of census. If reports from England, last November, were correct, tho news of General Har rison's success was not received with any indications of gratification; on the contrary, the Britons seemed disappoint ed. If the Advertiser will watch closely it will discover, as time passes, that tho present is a thoroughly American ad ministration. It is probable that the President will reconstruct the Civil-service Commission according to tho original idea of the law, which provides for a board of "threo persons, not more than two of whom shall be adherents of the same party." That means two Democrats and one Re publican under a Democratic adminis tration, and two Republicans and one Democrat under a Republican adminis tration. There are now two vacancies on tho board, and Mr. Lyman, the holding-over member appointed by Mr. Cleveland as a Republican, is a mug wump, and as tho law makes no pro vision for a mugwump on the board, he will probably have to go, The curious mental attitude which enables one to look with approval upon church lotteries while regarding with horror the public variety was never dis played moro clearly than in the Illinois Legislature. Church people, excellent and devout people, doubtless, were, of course, responsible for the presentation of the amendment to make the bill pro hibiting the publication of lottery news inapplicable to church enterprises of this sort. That tho amendment was defeated was due to the good sense of the legislators and not to the efforts of the professedly moral element of society. It takes some folks a long time to learn that evil is evil, whether practiced by the unco guid or the avowed emissaries of Saran. We hope there is no truth in the state ment whichycomes from Oklahoma that United States officials pre-empted tho best lots in Guthrie. One side of a ftory is good until the other side is heard, and until tho officials named in this connection are heard from we de clino to believe that they have been guilty of so gross an abuse of their official position and privilege as that indicated. The specific chargo is that two United States marshals and a large number of deputies, together with the United States commissioner, register of land office and others took advantage of their right to enter and remain in tho Territory to 6take out and claim the best portion of the town of Guthrie, actually perfecting their claims before the territory was opened to the public. Such a proceeding as this would be an abuse of office that could not be justified or tolerated for a moment, and we trust investigation will show the charge to be without foundation. It is easy to see how such charges might originate with disappointed syndicates or interested parties, and probably these came from such sources. But whatever their origin they are 60 damaging and specific as to justify the administration in taking steps to ascertain the facts. Register Dille, one of the officials named, is well known here, and charges derogatory to his official character will not bo believed except on clear proof. ANOTHER JUDICIAL BROADSIDE. The Supreme Court has disposed of two more of the unconstitutional laws enacted by the late Legislature. The acts passed upon yesterday were those known as the Curtis and Bigham bills, creating a board of public works and a new police board for this city and Evans ville, and appointing the members there of. The Supreme Court, Judge Mitchell dissenting, holds both acts unconstitu tional. The opinions in both cases, as in that on the Supreme Court commission law, go o the root " of the important questions involved. They deal with fundamental principles of popular gov ernment, and draw the dividing lino be tween the rights of tho people and . the power of the Legislature. Both decisions turn on the point that tho Legislature has no power to create local commissions or local administrative boards and appoint the members thereof. If it had stopped in creating the boards in question as a feature of the city gov ernment the law would have been valid, but in assuming to appoint the commis sioners the Legislature overstepped its constitutional power, and made both laws invalid. "We think it plain," says the court, "that the power to provide by law tho manner or mode of making an appointment, does not include the power to make the appointment itself." The opinion of the court, by Judges Coffey and Olds, and the separate- opinion of Judge Elliott, discuss very fully the question of the right of the people to local self-government, and place it entirely above the reach of legislative meddling. Thp decision of the court in these cases1 sustains the views advanced by the Journal when the bills were pend ing. The fact that the Journal adopted the same line of argument, quoting from' some of the same authorities and reach ing the same conclusions as those of tho court, shows that its opposition to these measures was not based on partisan grounds, but upon correct views as to the rights of the people, tho principles of popular government, and the consti tutional limitations of legislative power. PATRONAGE AND PARTY STRENGTH. Tho Louisville Commercial admits that offices are very good and pleasant to have, but doubts whether they strengthen a party or add to its growth. So far as the Republican party of Ken tucky is concerned the Commercial thinks it has thriven most when the fed eral offices were in the hands of the Democrats, ' in proof of which it says the Republicans of that State polled 100,000 votes for Garfield, about 8,000 more than they polled for Hayes. For Blaine they polled 118,000 votes, while for Harrison the number rolled up to 155,000. The figures show that during four years of Democratic administration and control of the offices the growth of the Republican party was nearly twice as great as during eight years of Repub lican rule. The figures are suggestive, and tho comparison maybe extended. The total vote for Hayes in 1879 was 4,033,950, that for Garfield was 4,419,053, for Blaine, 4,851,081, and for Harrison, 5,444,903. The figures show a much 'larger increase of the Republican vote during the four years of Cleve land's administration than during either of the two preceding Re publican administrations. In this State the Republican vote increased from 208,011 in 1876 to 232,164 in 1880, to 238,463 in 18S4,- and to 263,301 in 1888. Here again the figures show a much larger increase and rate of increase in tho Republican vote during the four years of Democratic administration than during any previous Republican admin istration. Such comparisons are notconclusive, but they are interesting. There are other factors and elements to be taken into account, but the fact remains that the Republican party did thrive better and make greater gains during the four years of Mr. Cleveland's administration than during those of Garfield or Hayes. The fair inference seems to be that the mere possession of the offices and con trol of patronage is not in itself a source of party strength. Indeed, it may well bo questioned, if they are not a 'source of positive weakness. The danger from this source may be increased by haste and recklessness in making appoint ments, or it may be diminished by care ful deliberation and avoidance of mis takes. The conclusion is obvjous, first, that Republicans who wish the party to continue in power should give the Presi dent ample time to avoid the dangers incident to the dispensing of patronage; second, that it is a great and fatal mis take for any party to depend on the control of the offices as a main reliance. TnEREis always something of mystery surrounding the subject of professional fees for people who have no occasion to employ doctors or law3rers. It is only once in a while, when 6uch matters creep into court, that the public gets a definite idea of the amounts charged by doctors aud law yers for their services, and the principles upon which those charges are made to vary. The showing in the settlement of Samuel J. Tilden's estate, that his physician made him 2,200 visits, for which he charged $o0 each, is, for example, a striking instance of the manner in which physicians adapt themselves to the length of the patient's purse. Every one who is acquainted with the ways of doctors knows that Dr. Sim mons would not have charged in pro than one-tenth of $50 for a visit to a mau in ordinary circumstances, who required precisely the same treatment as that given Mr. Tilden, and that if he made the poorer man 2,200 visits he would estimate histotal bill at a rate much less than that fixed for a single calL Poor men are apt to imagine their doctors' bills large, and perhaps ex tortionate, but such disclosures as this show that tho rich man must pay much more for tho privilege of being rich. In fact, as the doctors put it to themselves, the rich mast pay for themselves and for the poor patients who can pay nothing. To the Editor of the Indianapolis Journal: . Is not General Sherman on the retired list! Who 1 in command ot the United States army at present! e. c. w. 1. Yes. 2. Major-general J. M. Scho- field. ABOUT PEOPLE AND THINGS. The Young Men's Republican Tariff Club, of Pittsburg, has over 400 members, and club rooms furnished at a cost of $81,000. Robert Bonner's boys maintain the high rate of profit on the New York Ledger which their father first insured to that paper. Like the elder Bonner, they arc aU great horsemen. Mbs Haiti e Blaine, the beauty of the Blaino family, is prettier than her sister Margaret, but not so clever. She has large blue eyes, an equis ite complexion and features of remarkable regu larity. One of the interesting relics sold at the auction of the furniture of Barnum's Hotel, in Baltimore, a few days ago, was a card table on which Henry Clay once lost $1,500 at poker to George Ack- mun, of Massachusetts. Ma rion Harland says that whoever establishes a reading clab In an agricultural district does more to check the deadlv progress of farmers' wives to the Insane asylum than aU the doctors and medical journals in the land. Senator McMillan, the new man from Michi gan, has already earned the reputation of being ono of the most lavish men in the tipper house. He lunches on the best food, drinks the finest wines and smokes none but superior cigars. The Yturbide, in the City of Mexico, Is proba bly the grandest hotel in the world. It was built by the Governor for his palace and cost $3,000,000. It contains a room used by Gov ernor Yturbide for a chapel that is frescoed in solid gold. Rt. Rev. B. Fitzpatrick, the mitered abbot of Mount MaUeray, the famous Irish Trappist monastery, is now in this country to make an official visit to a branch convent of his order in America. He is seventy-eight years old, and has been abbot since 1842. Major Slatmaker. postmaster of Lancaster, Ia., has a cask of brandy for which Simon Cam eron has offered in vain $45 a gallon. The bran dy was imported by the present owner's grand- father. The pipe in which it came from France bears the custom-house marks of 18U8. Mr. Gladstone, who reads widely in a half dozen languages, takes ud his favorite, Homer, the last thing every night. He pays a page of it soothes his nerves. John Bright was equally in dustrious, but he was just as likely to read a French novel before dropping to sleep as he was to dip into nis favorite Milton. Kate Field explained to a Boston audience the other evening how she would stop drinking. 'Abolish the idiothT custom of treating," she said. "When people treat they take more than they want, ifow men made m the image of their creator can stand that custom 1 cannot conceive. Make treating and perpendicular drinking an of fense." Ex-President and Mrs. Cleveland, it is said, are looking for a house in New York into which they can move in the fall. Neither of them likes hotel life, even under their present agreeable conditions, and they have only resorted to it until they could get settled to their liking.' Thev pro pose to buy a house.and then alter and furnish it to suit themselves. Washington received the degree of LL. D. from Harvard in 1776, from Yale in 1781, from the University of Pennsylvania and from Brown In 1791. A greater scholastio distinction till was bestowed upon him in 1788, when, by a unanimous vote, ho was designated the chan cellor of the College of William and Mary, an office which he bore with pride until the day of his death. A new use has been discovered for the poppy. It forms a net-work of roots that cannot be ex terminated without great difficulty, and it is therefore admirable for keeping embankments in place. Within the last two or three years eminent French engineers have undertaken the sowing of railway embankments with tKppies, with a view to prevent their being destroyed by heavy rains. The following is a characteristic Chicago 'personal" from the Tribune of that city: "P. D. Armour lain Carlsbad, after having visltedthe principal cities In each of several European. countries, lie seems to be making the tour of Europe witn nearly tho same celerity as that witn wnicn a nig goes through his packing-house. , but with a dine rent result. Ho retains his indi viduality through tho Journey." Mrs. Laxgtry uses the heaviest linen paper in her private correspondence. . The sheets are about four by six inches in size and are not ruled. On the upper left-hand corner of the first page is the monogram "LL" in raised letters of gold almost half an inch in length. The let ters, with their flourishes and tails, look a little like two anchors laid across each other, j The general effect of the combination is rich, but good. The foreign adviser of the State Department atTokio is Mr. Henry Denison, a young New Englander of about thirty-five. He has a fine house furnished to him by the Mikado, and has received a rank from the Emperor. He gets a nign salary, ana is esteemed one or tno most valuable of the foreigners connected with the Japanese government. He has more Influence than any other American in Japan, and he Is constantly dealing with matters connected with America. The Pension Office clerks (Washington) buy cigars and chewing tobacco of the oldest ot of the three living relations of General Wash ington, Colonel Ebenezer Burges Ball, who looks so much like the immortal President that strangers who know nothing of him frequently remark the resemblance. He keeps a cigar stand just to the right or the southern entrance to the Pension uince building. He is a strikingly hand some old man, and wears his long white hair in the colonial style. George Meredith, tho novelist, is Just sixty- one years of age. He has been twice married, his first wife being a daughter of Thomas Love Peacock, the well-known friend of Shelley, nis second wife, who died about two years ago, lies hurled in the church-yard near box hill, the nov elist's present home. His two children, one a daughter of seventeen years of age. and the other a son of twenty-two, who is an electrical engineeer, live with him. lie is a Home-ruler and a democrat aU around. The deposed King Ja-Ja, of Oiobo, West Africa, is living in a small cottage at Kingston, St Vincent island, West Indies. Queen Patience, one of his many wives, is with him. She seems well pleased with her present surroundings, but Ja-Ja longs for the despotic pleasure of burying 6lavcs auve, chopping up missionaries and other regal amusements which whiled away his leisure in Opobo. The English government allows Ja-Ja $4,000 a year as spending-nioney, and charges him no rent lor his house. It is probable that Ja-Ja will be Kept at Kingston for the remainder or his not very valuable lite. The late Rev. Dr. Nathaniel Burton, of Hart ford, was, says a Connecticut paper, a very un conventional man. Some years ago he heard a great many complaints about the length of his prayers. To settle the matter he employed a stenographer on Sunday to tako down his rrayer. On reading it over he was overwhelmed with astonishment at its length, and determined to shorten it thereafter. Speaking of the matter afterward, he said: "It seemed a sacrilege to me when people began to animadvert on the length of my prayers, but they kept on all the same (never narshly, though, in a single Instance), and bv and bv I went, over in their aidn in1 have had a comfortable amount of peace ever since. A cup and saucer, tho only remains of a china service which was once the property of Martha Washington, is still ehown to visitors at the Smithsonian Institution. The set was originally made to order for the French officers who fought under our flag durimr the Revolutionary war, and who subsequently presented it to the leading lady or tnat-time, 1 1 numbered one hundred and eighty pieces. Tho ware was the finest then made in France, and the predominating colors were green and blue, the latter being the edging. Links of green ran around the inner borders of the plates, within the links being the names of the States then members of the Union. In the center were the initials "M. W." and the Latin motto, Decus tutamen ab Hlo." The cost of the 6et was about $1,000. COMMENT AND OPINION. The negro should not seek to Improve his con dition ny swarming in baud masses to vote the Republican ticket. Let the negro divide hi strength. North and South, and much of the southern problem will be relieved. Augusta ((;.) Chronicle. Many people might vote for a law prohibiting liquor selling within a state or lor "no license" in a town election who don't want to ingraft so radical a measure on the Constitution." Local option is a principle that applies to time as well as place. ew York Press. The past fix months have witnessed a series of Prohibition defeats. All the effortsto adopt pro hibition by constitutional amendment have failed conspicuously, and the same result is con sidered certain in Pennsylvania's coming vote upon the question. Th conclusion appears to be that while the people are p erf ectly willing to favor local option as applied to counties or uimricis, mey are entirely unwiuuiK 10 w iud . 2 A T-l-l.l . a t uuu. bajumore .American. Much of the Oklahoma land is worthless; there are no crops raied, there are no markets, there are no Improvements worth speaking of; every thing is new and raw. Before the summer is over tho people of the States will probably be called upon to aid the Oklahoma sufl'ercrs.Cin cinnatl Commercial Gazette. We have no objections to low rates, nor to the reduction of rates, but the essence of our law is that railroad rates shall be open and fair to all alike, and this in the nature of things they can never be so long as alien corporations and alien managers arc permitted to have any part or in terest in our interstate traffic New York Sun. The present rush for Oklahoma ought to teach all men in this country who are so fond of boasting about the public domain that land- hunger is becoming fierce even in the United States. That the cities are overcrowded every one knows. Under existing conditions it is high time to limit the mighty inrush of foreigners. Chicago News. Washington, like Parnell. seemed to bear a charmed impunity against his enemies' attacks. i'ernaps history may repeat Itseir, and in anoth er century Ireland mar celebrate her accession to home rule under Parnell. with as much pomp and satisfaction as New York will display in her celebration or the first inaugural ceremonies. uoston Advertiser. TnERE already are many things which we can produce as cheaply as European makers, albeit we pay higher wages, and with each year tho number of such articles will increase. With such a condition and with such prospects before us it would te criminal negligence were we to permit European nations to possess themselves of new countries which lie in the direct path of our iraae. Chicago inter ocean. When the fourteenth amendment to the Con stitution of the United States was adopted there was no longer an excuse of holding the Indian as a ward, a child of the government, instead of hailing him as a citizen and a voter. It was the object ana result of this amendment to abolish all distinctions of race and color. It' was the prejudice against race and color that inflicted upon the government and the Indian the foolish and unjust system of treaty and tribal relations. Let them now be ttwept away along with tho other rubbish of slavery times. Nebraska State Journal. Nature pushes her children westward. They are so greedy that they overreach each other once a century, aud must begin again. If the Oklahoma boom shall put a few millions of souls into the far Southwest it cannot do harm or increase human ills. With such a picture, however, offering a testimony of the value of the American estate to its heirs, it is certainly astonishing that the great Republic-continues to look complacently on the arrival of shin after ship whose steerages are filled with the dis franchised or another world, w hat can we offer to them, when we have only Oklahoma for our own argonauts. Chicago Herald. 1 HARRISON AS A PHYSIOGNOMIST. He Has a Fondness for Cross-Questioning, and Studies a Man's Face While Doing So. Washington Special to Philadelphia Telegraph. President Harrison is a physiognomist. He has great confidence in bis ability to read character through the expressions of tiie human lace, ihere is a fascination for him in the pursuit of this theoretical sci ence. 10 lias an abundant opportunity just now to gratify this fancy. While the throng of eager office- seekers press upon him and pour their arguments into his ear, fondly hoping to convince the court by an ex parte state ment of their cases, the President is care fully reading their countenances. In this way ho forms an idea of the men he has to deal with, and at the same time amuses himself. Now and then, when a face especially interests him, he will detain its possessor for a moment and betray him into a variety of expressions by cross-ques tioning in a manner to put tne man on nis guaro or cnsturn mm witn emotions. Mr. Harrison has been a Senator himself. and knows how it is with them in this mat ter of indorsement. He knows bow they are cajoled or coerced into recommending parties for appointment of whom they know little or have little confidence in. He consults the Congressmen of his party. but has almost as much confidence in his own judgment of human nature as in their recommendations. When he has studied a man's face and cross-ques tioned him, if the impression made is not favorable it would take a great deal of ar gument and very strong inlluence to make him think favorably ot the man for ap pointment. I know of a man now in Wash ington who is being recommended in tho strongest possible manner for a certain very importaut appointment. ."While ho may be suited for the position," there is something in his face and manner that is the reverse of that of tho ideal man for this office of dignity. Une of his prominent supporters, who is !a very astute gentleman, was quick to rec ognize tnat nis menu wouiu not maite a good impression upon tne pnysiogomist at the Whito House. He intimated as much to the candidate, and that gentleman, al though ho has been here since the 4th of March, has never called at the White House, nor let the President know of his presence at the capital. Mr. Harrison is an accomplished cross-examiner. He acquired this at the bar, and has quite a reputation in the Indiana courts for tho sharpness of his questions. What he can't make out of the candidate's face, he endeavors to learn by cross-questioning his backers. When a Senator or member goes to recommend the appointment of a con- of irnanf t r flnnia aAiaa f VTnmnaAn'a flrof riiiuouu iV ooiuo uuiV mi 1111111 ouii o uinw aim is to ascertain by carefully put ques tions whether or not the Senator or mem ber is really very anxious about tho matter. Satisfied as to this, he proceeds to discover his motive in asking the appointment, and whether he really knows the man. All this is done by diplomatic questioning. Mr. Harrison remembered what he learned by this examination of the multitudes. A hundred cases are brought to his attention each day, but he seldom knows what he will do in any of them until the moment ho is about to act. lie then 6ends for 7Lije to bring the papers in a certain case. As he goes over these his personal impression of the candidate goes a long ways toward in fluencing the selection. Greeley on the Hull Run Disaster. New York Tribune. The following is a letter in which Mr. Greeley relieves his overcharged heart of tho shame and grief of the rout at Bull l!un. Its red-hot denunciations may serve to show that another distinguished editor. who has lately had much censure for some of his letters, was not the only one whose temper was sorely tried by the blunders and misfortunes 01 that gloomy period: New York, July 27, 1861. Dear R : God pity mo for having to lie and eurso ravself to save my ruined country. I know that Scott is an old humbug, and worn out at that, and that his heart is not in this fight. I know that he sent an "ass" to command at Manassas, who threw away the battle, and ruined us all. I know that both Scott and McDowell ought to be shot for the mismanagement of that business and the awful consequences; and yet, I must curse myself and seal my lips; and try to get on in the ways of crookedness, for the people will nave it so. 1 am oroxen-neartea. l ours. Horace Greeley. Where Typical Americans Are Found. Philadelphia Inquirer. Bishon Newman thinks the purest Ameri can blood is to be found, in the houtn, Dc cause that section has not been 'overrun by foreigners" to spoil the breed. The good Bishop's premise is correct, but his conclu sion is faulty. The genuine American is not ono whose blood nas Howea without intermixture directly from those English ne'er-do-wells with whom Capt. John Smith and his successors peopled Virginia and other Southern States. This is simply an Englishman modified somewhat by location and climate, but with all tho English con servatism, selfishness and obstinacy still in him. The true American is a composite creature, in whom the blood of many races mincles. while circumstances have devel oped the best qualities of each. The typ ical American is to be found in tho North and West, not in the South. What the Country Needs. Washington Post. . The only really commendable thing about ?l YvriTA fighter' lifft i that while ne ia in training for a fight ho .never takes strong men who train for fights, and fewer who light. Amicable Relations Restored. Chicago News. . Now that Prince Bismark has apologized nil n niiatiLo -wft freelr fnrcrivH him. and ho may slide down our cellar door whenever he chooses, just as if nothing nad happened. Clarkson's -Wonderful Ax. Memphis Avalanche. Clarkson. the Assistant Postmaster-gen eral, seems to possess a sort of political Kecly motor ana electrical guillotine com bined. 1 Means the Same. Baltimore American. Out West now they do not say that a man has committed suicide. They merely state that ho has gone to Oklahoma. JUDGES SUSTAIN HOME RULE Xo Legislature lias the Power to De prive the People of Inherent Eights. That Local Self-Government Was Not Surren dered When the Constitution of the State Was Adopted Is Supported by Authoritiei. The Laws for Boards of Public Works and Police-Fire Commissioners Are Void. Opinions from the Supreme Court in Which This Keasonin? Is Followed with One Dis senting Therefrom Other Litigation. BOARD OF PUBLIC WORKS. The People's Right of Self-Government Cannot Be Abridged by the Legislature. The Supreme Court yesterday banded down decisions in what are known as the city cases, those concerning the boards of public works and affairs and of police- lire commissioners for this city, as well as police-fire commissioners for Evansville. The firHt decision related to the board of public works, Judge Coffey giving the leading opinion, in which his associates, Judges Elliott, Olds and Berkshire, con curred. Judge Mitchell dissented, his views therein being applicable to the de cisions on the other cases, in which he de clined to concur. Judge Elliott gave a separate opinion, but with the conclusion tho same as that of Judge Coffey regarding the board of public works. . After reviewing the provisions of the law as to all essential sections relating to the powers of the board and the full effect of the law, Judge Cotfey said: w Admitting for the time being that the act in 3uestiou is otherwise valid, it is insisted that un er our Constitution the General Assembly had no power to elect or appoint the appellants, and that so much of the act as attempts to confer on it such power -is in conflict with the Constitu tion, and is, therefore, void. It is claimed that the amointnient to an office Is an executive function, and that by the terms of our Constitu tion tho General Assembly is prohibited from lilling an office created by it, unless auch office is connected with the duties imposed Upon it as a legislative body. This contention arises out of the provisions of Section 1, Article III, of the constitunon, wnicn is as follows: "ine powers of the government are divided into three sepa rate department, the legislative, the executive, Including the administrative, and the judicial: and no person charged with official duties under one of these departments shall exercise any of the functions of another, except as in this Constitution expressly provided." In the caso of Wright vs. Defrees, 8 Ind., 1M8, it was said by. this court that "the powers of the three depart ments of the State are not merely equal, they are exclusive In respect to the duties assigned to each. They are absolutely independent of each other." In the case of L.M. &B. R. R. Co.. vsGeiger. 34 Ind.. 197. this court, in speaking of the above constitutional provision says: "The same di vision of powers exists in the federal constitu tion, and in most if not all the State constitutions. and is essential to the maintenance of a free, republican form of government. These departments of governments are equal. co-ordinaxe and independent. 'The duties imposed on each are separate and distinct, ana it is expressly provided that no person charged with official duties under one of trese departments shall exercise any of the functions of another. The persons charged with the ex ecution of these powers are alike elected by and are responsible to the people, m whom resides the sovereignity of the State. This division of powers prevents the concentration of power in the hands of one person or class or persons. The language is ue ed substantially In Smith vs. Mver, 109 Ind., 1: State vs. Governor, l Dutch, 331; Dennett vs. Petitioner, 32 Me., 508; Low vs. Towns, 3 Ga., 3 2; Mauran vs. Smith, 3 R. I., 162: Hawkins vs. Governor, 1 Ark., 570; Railroad Company vs. Randolph, 24 Tex., 317; People vs. Russell, 19 111., 229; Deckey vs. Reed, 73 Ind.. 2G1; Rice vs. Austin, 19 Minn., 103; Railroad Company vs. DeGroffee, 27 Minn., 1: Secomb vs. Kittleson, 29 Minn., 555; Sill vs. Village of Corning. 15 N. Y., 297; People, ex reL l'atton, vs. Aihertaon, 00 . 00; cooiey on Const Lini-Star pages 87. 88. 93. 114, 175; Sedgw. on Const, and Stat. Construction (2d ed.), . 13.138.184. legislative power is tne power to make, alter, and repeal laws, and is vested in the General Assembly. (1, 11. & is. Kauroaa Company vs. Geiger, supra). Cooiey, in his Constitution Limitation, page 90, says: The legislative power we unaerstana to be the authority, under the Constitution, to make laws, and to alter and repeal them. Laws. in the sense in which that word is here employed, are rules of civil conduct, or statutes, which the legislative will has prescribed. (See, also, Greenough vs. Greenough, 11 ienn. St., 44; Wyinan vs. Southard, IO Wheat, 46.) In the convention wnicn iramed our uonsurmion, Mr. Biddle, a member, in addressing the convention, eald: "The General Assembly has 110 other duty nor power than to malte laws. After a law has been enacted, this department has no further power over the subject. It can neither adjudge the law nor execute it, out must leave it upon the statute-books, and for any function still re maining in the legislative power, there it would forever remain. All power of this department has ended.' (Constitutional Debates Indiana, Vol. 2, 1324). - Judicial power is the power to construe and interpret the Constitution and the laws, and make decrees determining contro versies, and is vested in the courts. The executive power is the power to execute the laws, and is vested in the Governor of the State, the administrative officers of the State, counties, townships, towns and cities. Then to which of these departments does the appointment to office belong! If the General Assembly should create an office by statute, duly passed by it, providing that it should be filled by appointment, the act of filling such office is a partial execution or the law. Webster defines executive: "Qualifying for, or pertaining to the execution of the laws, as executive power or autnonty, executive duties. In government, executive is distinguished from legislative and judicial, legislative being applied to the organ or organs of government which makes the laws; judicial to that which interprets and applies the laws; executive to tnat which carries them into effect. Mr. Jefferson, in a letter to Samuel Kercheval, dated July 16, 1816, said: "Nominations to office is an executive function. To give it to the Legislature as we do tin Virginia! is a violation of the principles of division of powers. It swerves the members from correctness, ny tempting them to intrigue for offices themselves, and to corrupt and barter for votes, and destroys responsibility by dividing it among a multitude. Mr. Holman, a member of the constitutional convention, in addressing it, said that it was not the intention to confer the appointing power upon the General Assembly, except as to two or three omcers. (constitu tional Debates, Indiana, Vol. 2, 1238.) Generally, then, the appointment to an office Is an executive function. It must be conceded, however, that it is not every appointment to office which involves the exercise of executive fuctions, as for instance, the appointments made by Judicial officers in the discharge of their official duties, or the appointments made by the General Assembly 01 officers necessary to enable them to properly discharge its duties as an Independent legislative body, and the like. Such appointments by the several departments of tho State government are necessary to enable them to maintain their Independent existence, and do not involve an encroachment upon the function of any other branch. But the appoint ment to an 'office like the one Involved here, where it is in no manner connected with the dis charge of legislative duties, we think. Involves the exercise of executive functions, and fulls within the prohibition of Section 1, Article III of the Constitution. It is believed that the consti tutions of a large majority of the States In the Union contain an express provision prohibiting the General Assembly from appointing officers not connected with their legislative duties. A like prohibition is contained in our Constitution, except in cases where it is expressly provided that they may appoint. An the legislature of our State is prohibited from appointing to office except as in the Constitution expressly provided. it remains to inquire whether there is any ex press provision giving it the right to appoint the appellants to the office which tney now claim. Aud In making this inquiry it is necessary to consider our Constitution as a whole. No lawyer who desired to ascertain the Intent of the fram- ers of that instrument would undertake to do so by considering it in detached portions. When considered and construed a a a whole It is impos sible to avoid the conclusion that those who framed it intended to deprive the Legislature of all appointing power. Frequent reference is made to office the appointment to which is vested In the General Assembly, section 13. Article V, is as follows: "Whemduring the recess of the General Assembly, a vacancy shall happen in any office, tho appointment to whidh is rested in the General Assembly, or when, at any time, a vacancy shall have occurred in any other State office, or in the office of Judge in any court, the governor suau nu sucn vacancy Dy appoint- ment. which mail expire when a succes sor shall have been elected and quali fied." Here is an express rcognition of the fact that the General Assembly Is vested with the power to appoint to some office, and from the language used, the strong inference is that It 1 a State officer. Rut no Power to make such appointment is conferred by the provision of this section, and If such power exists we must look elsewhere to nnd it. Sectien 1, Article XV, Is as follows: "All officers whose appointment Is not other lse provided for in this constitution snail re chosen m sncn manner as now is, or hereafter may be. pre scribed by law." This provision Is evidently to be construed in the light of the laws In force t the time of its adoption. We think 11 would be impossible to ascertain lta m earing in any other way. Other sections of the Constitution make provis ion for appointments by the Governor, and for certain appointment. by the General Assembly, but there was still a l.rge number of officers cre ated by law for whose appointment no provision bad been made. In view of this fact, section 1. Article XV was inserted, providing that such of ficers should bo apointed In such manner a then was, or as should thereafter be. precribd by law. It is disclosed by an examination of tho laws then in force that the manner of appointing or electing State Librarian, State Printer, war den of the State prison at Jefferson vllle, com missioners of the Insane Asylum, and. perhaps, some other officers, for whose appointment no provision is made in the Constitution, were elected or appointed by joint ballot of the two houses of tho General Assembly. This, at th time of tho adoption of the Constipation, was the manner prescriVrrd bylaw fortheirappotntment. This section provides that they hall continue to be so appointed, Junless a different models pre scribed by law. This construction harmonlzea and gives force to all the provisions of the Con stitution, while to wholly deny tho General Assembly tho power to make appointments ren ders meaningless many words, phrases, and even whole sentences found in that instrument. It is not to bo supposed ttut a sin- fle word was lnertel m the organio aw of the State without the invention of conveying thereby some meaning. While It Is true that this section docs not pur port on Its face to grant to the General Assem bly any special power of appointment to office, it does, we think, when construed in connection, with tho laws to which it refers, reserve to it tho power to appoint such officers as it then had tba right to appoint by the laws then in force, unless a different provision was made hythe Constitu tion. Rut does it follow that because this sec tion confer on the General Assembly that power, that it also has the right to create new offices and fill them, or to fill offices then in ex istence the right to nil which was not at that time vested in it by law! Other provisions of the Constitution confer on the General Assembly the right to c rente new offices, but thev are, silent as to the msnncr in which they shall be tilled. It Is true they provide that they shall bo tilled in the manner prescribed bv law, as doca the last clause of Section 1, Article XV. Ills argued that because this latter clause, as well as other provisions of the Constitution, confers on the General Assembly the power to presciibc tho manner of election or appointment, that it may by law reserve the right of appointment to itself. It is obvious, however, that there Is a broad distinction between providiug the tnode or manner of doing a thing and doing the thine itself. We think it plain that the power to provide br law tbe manner or mode of making an appoint ment does not include the power to. make the an- pomiineni nseii. as nas ieen said, by section 1. Article XV, tho General Assembly has the right to apioiut such officers as it had the right by tho law inforce at the time of its adoption to select; and by tbe terms of that section it also has tho right to prescribe by law the manner in which, officers for whose appointment no provision is maae in tne ixmsuiuiion, sua 11 oe appointed. What. then, is the limit of the legislative power to appoint to office created by ttatutc. or is them any limit to sncn power! ir mere is no limit. then the General Assembly may appoint aU tho officers created by statute from the Attorney geneial of the State down to tho smallest town ship officer, for they are all the creatures of tho statute. It may appoint the board ot county commissioners, the township trustees, county superintendents, and even road supervisors. It may create offices without limit, and till them with its own npindntees. In the light of the con temporaneous history of the Constitution, we do not think it will be seriously contended that tho rramers or that instrument intended to confer upon or leavd with tho General Assembly anr puch power. here. then. Is the limit! w e think, whatever the limit may be, it is clear to us that it has no power to fill, by appointment, a local office liko the one now under consideration. A tbe right to prescribe by law the manner of appointing to a new office created by the Legislature does not carry with it tho right to make such appoint ment, we know of no provision in the Constitu tion under which such right can reasonably bo asserted. It is believed that this conclusion ac cords with the practical construction heretoforo placed upon our Constitution. The first General Assembly to meet after the adoption of the Con stitution claimed and exercised tho right to ap point the officers which they had the right to ap point under tno law in iorceat the date or its adoption, and for the appointment of which no provision had been made by the Constitution. while the other appointments have generally been conceded to the executive department of the State; but at no time in the history of the State has the General Assembly, until now. claimed or exercised the right to appoint local officers for a town or citj In our opinion, so mnch of the act now under consideration ns at tempts to confer on the General Assemoly tho duty or appointing or electing to the office now claimed by the appellants, is in conflict with our Constitution and is void. It seeks to confer on that body executive functions, which it is pro hibited from exercising. This leads us to the consideration of the ques tion as to whether the remaining portions of tho' act are constitutional. It is to be observed that the act takes away from cities having a popula tion 01 nrty thousand inhabitants, or more, all control over the streets and alleys, lights and water supply, nnd transfers them to a board, in the selection of which the people of the city have practically no voice, it Is claimed that. Inas much as it practically deprives the people of the poww 01 self-government, it is in conflict with. our organic law, and Is therefore void. In pass ing upon this question it is necessary that wo keep in mind the well-established rule by which we are to determine the constitutionality or the unconstitutionality of a statute. The power of the courts to declare a statute unconstitutional is a high one, and is very cautiously exercised. and is, in fact, never exercised in doubtful cases. (Robblns vs. Schenck. 102 Ind.. 307.) An act of the Legislature is not to be declared unconstitu tional unless it is clearly, palpably, and plainly In conflict with the Constitution. (Groechvs. the State, 42, Ind., 547.1 Judge Cooiey, in hU able and valuable work on "Constitutional Limitation." 5th ed.. Sec. 208, says: "It docs not follow, however, that in every case, the courts. before they can set aside a law as invalid, must be able to nnd In the Constitution some speclfio inhibition which has been disregarded, or some express command which has been disobeyed. . Prohibitions are only important where they are na the nature of exceptions to a general grant of power, and if tbe authority to do an act has not been granted by the sovereign to its representa tive it cannot be necessary to prohibit its being -done. With these reasonable and well-estab lished rules constantly ia view, we proceed to examine the question of the constitu tionality of tho act now before us. ,In doing so, it must be obvious to everyone that the Constitu tion must be considered in the light of the local and State governments existing at the time of its adoption. Considered in any -other light, many expressions found therein would be with out meaning. That the principles of local self- overnment constitute a prominent feature In oth the federal and State government, is a fact not to be denied. It is recognized in Indiana in the Constitution of 1816 and in the Constitution of 1851. It is truthfully said by tho learted. Judge who delivered the majority opinion in tho Superior Court: "That It existed before the crea tion of any of our Constitutions, national and State, and all of them must be deemed to havo been framed in reference to it. whether expressly recognized in them or not. Indeed, it is recog nized as the chief bulwark for the protection of the Ubertics of the people against too great cen tralization of power, either in executive or legis lative departments of the State." It is. perhaps, true that the General Assembly may at will pass laws regulating the government of towns and clues, taking irom them powers which had been previously granted, or adding to that which had previously been given, but we do not think that it can take away from the peoplo of a town or city rights which they possess as citizens of the State before their Incorporation. The object of granting to the people of a city municipal powers is to give them additional lights and powers to better enable tnem to gov ern themselves, and not to take away any rights they possessed before such grant was made. It may be true tnat as to sucn matters as the state has a peculiar interest in, different from that re lating to other communities, that it may, by proper legislative action, take control of such in terests, but as to such matters as are purely lo cal, and concern only the people of that com munity, they have the rJgnt to control them. subject only to the general laws of the State. which affect all the people of the State alike. The construction of ewers In a city, the supply of gas, water, fire protection, aud many other matters that might be mentioned, are mat ters in which the local community aloue are con cerned, nnd In which the state has no special in terest, more man It has in the health and rroi perity of the people generally, and they are matters over which the people affected thereby have . the ex clusive control, and it cannot, in our orlnlon, bo taken away Iron them by the Legislature. Mu nicipal corporations arc to !e regarded m a two fold character; the one public, a regards tho State at large, la to far as they arc Its agents for government; the other private, in so far as they are to provide for the local necessities and con veniences for their own citizens; and as to the acquisitions they make in the latter capacity as mere corporations, it is neither Just nor is it within the power of the Legislature to take them awaj', or to deprive the local community of tho benefit of them. (The People vs. Hurl hurt, 31 Mich.. 105.) The intention to preserve local self-government is apparent throughout the entire scope ot our own Constitution. Uy Section 2. Article VI. county officers are to be elected by tho leople at the general elections. Ry Section 3, Article VI, such other county ami township offi cers as may le necessary are to be elt eted or ap pointed in such manner as may be prescribed by law: and it is expressly provided that "all acta of incorjwratlou for municipal purpose shall continue in force under this Constitution until such time as the General Assembly hail in its discretion modify or reieal the same. It is, therefore, perfectly apparent from the Constitu tion itself that it was iramed with reference to then existing local governments of counties, towns, townships and cities. Did the people, then, in the adoption of the Constitution, sur render the right to local self-government whiea they at that time po;sesedl In this case the Legislature has undertaken to place in the hamU of three men the exclusive control of all the streets, alleys, lanes, thorough fares, bridges and culverts in the city of Indian apolis, without the consent of those to be affocted thereby, with full power to Improve, alter or change the rame in any manner they may choose, with the exclusive power to employ all tho assistance they ma; desire, including leml