The suit was finally dismissed, nobody appearing to care about any investigation of the merits of the proceeding. We accordingly had Mr. Brown, who had given bail, surrender himself to his bondsmen, and we applied to the supreme court of the state, then sitting at Davenport, for a writ of habeas corpus to test the constitutionality of the statute under which, without trial and without investigation and without hearing, the Governor had attempted to deprive Mr. Brown of his office. The supreme court decided this case at the Dubuque term in 1885, Seevers, judge, delivering a dissenting opinion, and Beck, judge, taking no part in the decision as he was not present at the submission of the cause. Adams, judge, delivered the opinion of the three remaining judges; to-wit, himself, Rothrock, and Reed. The majority of the court held that the law under which the Governor acted did not authorize any removal from office, and that it was only constitutional upon the hypothesis that Brown should have a hearing and trial. The dissenting opinion of Judge Seevers holds that as the law made no provision for any hearing or trial, and the suspension was for an indefinite time and might at the pleasure of the Governor be perpetual, it was therefore void and did not authorize the proceedings. Thus matters stood until the fall of the year 1885, when the people elected William Larrabee as Governor instead of Sherman, whose term of office would expire on the first of January ensuing. The presumption indulged in by the majority of the court in its opinion that Mr. Brown's removal from office was only a temporary suspension, and that the Governor certainly would give him a hearing as to the matters complained of and found by the special commission, is made to appear more absurd by the subsequent action of Mr. Sherman himself, who, on the 9th of December, 1885, made the following entry in the executive journal, and assumed to appoint J. W. Cattell to fill what he was pleased to call a vacancy in the office of the Auditor of State. The entry is as follows: DECEMBER, 9, 1885. Whereas, at the general election held on the 4th day of November, 1884, J. L. Brown was re-elected to the office of Auditor of State; and Whereas, the said J. L. Brown, re-elected as aforesaid, neglected and refused to qualify as such re-elected officer, and because thereof his official bond as such officer was not approved nor filed, and continued in such refusal until the 3rd day of March, 1885, and unto this time, and on account thereof on the day last aforesaid Jonathan W. Cattell was duly appointed as Auditor of State and immediately qualified by giving bond and taking the oath of office as required by law, which said bond was duly approved according to law; and