Wabash express. [volume] (Terre-Haute, Vigo Co[unty], Ind.) 1841-186?, 1860-05-16
What should be Done !.

Some days ago We directed public at.
tentiOu to the fact, that 10 all probability
the act passed by the last Legislature in
relation to our Common Pleas Districts.
was UNCONSTITUTIONAL, or rather that it had
never received the proper approval and
signature of the Governor. The following
from the Indianspolis Journal. is further
on the subject:
We noticed briefly . day or two ago that
Judge Nsylor, Of Charlottesville. who had
been solicited to allow the use of his name
AZ q candIcate for Common Pleas Judge Of
that District under the new law. had pub
lished an elaborate argument against the
validity of the law. and expressed IN
willingness to enter In contest which
might be made unavailing at any moment
by decision OF the Supreme Court against
| the Law. We desire now to reeur TO the
subject, 10 solicit the attention of all par
ties to the necessity of procuring settle
ment of the question as to the validity of
that law, before elections are held, aud a
system insugurated under il, which may
be suddenly destroyed. aud leave innumer
able vexstious and evils in its place The
act. as We recollect its history. (aud Judge
MAYORS citations from the House Journal
confirm our recolection) was passed and
sent to the Governor early in March. 1t
vas returned within two days vetoed, for
the reason that four counties, Randolph,
Jay. Blackford and Delaware, were not in
cluded in any of the Districts created by
IL. and were consequently excluded from
Common Pleas jurisdiction.
This omission was OF Course accidental.
bot the veto was ss complete as If il had
been intentional. In this state of IT, case
there was one of two courses for the Sen I
ate (it was Senate bill, we believe,) to
take, either to pass the defective bill over
the veto, or amend it and send il back for
approval. The first as not done, for the |
proprirty of the vets was maifest The |
bill was amended and made complete, but
it vas not sent back for approval. In the !
ACTS of 1897 il appears with the caption
Passed March LIST, 1889" instead Of ZAP.
proved March lst. 1882" thus showing
clearly that the bill was never ap-
proved. A bill not approved can only be
a law in two cases-U hen retained by the
Governor more than the three days allowed
by the Constitution, or wheu passed over
q veto, neither of which Was the case with
this bill. twas. therefore, vetoed, never
passed over the veto, never approved, and
was not retained by the Governor beyond
the time limited by law. IL it valid .
We are clearly of the opinion that it is not
Now the question arises, il the law may
possibly be invalid, ought we to go on and
elect Judges, Reconstruct Districts, create |
expenses, and collect business under 1t.
when it may be set aside at any moment, |
involving we know not what embarrass
mrnts, and losses to suitors, to the State,
and 10 the counties? 1t may look like
trifie, but let the Districts be once recog.
nized, and Courts regularly proceeding
with the immense probate, crImfoal and
other business belonging TO them, and then
let the law on which the whole rests be |
swspt away, and we shall ace clearly
enough that it would have been wise to
have thought more of the evil before it
came. Something ought to be doce, aud
that right speedily. Not because the time
of holding nominating conventions is close
at hand, for there is no harm to be done. I
beyond disappointing some successful can
didate, in letting the nominees be elect
ed. so they never enter on their duties
But il ought to be settled at once, because
counties and suitors, administrators aud
all classes interested in the Courts, will be
changing their arrangements and business
to meet The hew state of affairs, aud they
should be saved the trouble and loss IT
may cause. In party point Of view Re
puslieans should insist on a speedy settle
ment, for IL the Law be allowed to go into
operation. and the new Judges be regular
iy installed, and then the Supreme Court
snorld upset the whole system. there
would be nice lot OF new Judges to be
appointed by the Governor. and those who
know what his proclivities are Iced not be
told what sort of Courts We should have
under that arranpemept