The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-08-07

J. Z
The prohibition of local legislation by the Con- !
stitution in its present form. s very unsatisfac
tory--so much so that it is often evaded by acts |
of legislation that are general in their terms hut
local in their application. Such acts usually |
cause much discussion and delay of the public |
business, and, the principle that what is enc
mans meat is another mans poison may |
be dangerous to the public interests. However |
the general enacting requirement. often defeats |
worthy local measure. A modification of this |
feature of the Constitution seems to be desirable,
A Circuit or Supreme judge has term OF |
office OF six years-long enough to give such |
magistrate some degree of independence in ton |
ure and salary, and besides he cannot be dis /
turbed by legislation to either--but the judges
OF the Criminal and Superior courts, tribunals
quite as necessary now in several Of the most
populous counties. can only have a tenure of
four years, and may be legslated out of Office at
will. The old rule that the jury are the judges |
OF the law in criminal cases, and may utterly
disregard the instructions of the judge concern
ing it, rule which is now entirely without rea
son in this country, and is a most mischieyous
impeachment to the punishment of crime, is fixed
IN the present Constitution, so that the Legisla-
ture cannot abolish 1t 1t often results IN the
acquittal of the most guilty criminals destroys
public confidence in the enforcement of the
criminal laws, and unhappily, sometimes results
in nobs and lynchings.
The length of the legislative session. fixed at
sixty days, is now wholly insufficient to accom-
plish the necessary work with that care and de-
liberation which should be bestowed upon it. A
peril, and sometimes defeats even the appro-
priations which are necessary to carry on the
State government and always results in a fail
ure to pass useful bills to which there is no OPP
position whatever. About one-third Of the work
OF the recent commission to revise the laws was
thus lately lost, solely for want of time to act
upon at, though. there was an extra session of
forty days.
al Justice of the peace is not eligible to any
Office except a judgeship He could not be elect
ed even constable, township trustee or county
commissioner, but might be made Supreme
judge.
BENEFITS OF REVISION
Supposing that the above-named defects Of
the Constitution, and others that may be discoy-.
cred upon more thorough investigation of the
subject. have been remedied, improvements
will bein order
One of the first Of these improvements is sug
gested in the universally approved proposition
to lengthen the terms of certain State and
county officials to four years, limiting all such
officials to one term Of four years, consecutiYely.
This change would probably abolish our ben-
NAL general election, making it quadrennial,
and save more than the cost of constitutional
convention to the people of the State every four
years
The scandals disgrace and great detriment of
partisanism in the management of the States
benevolent and penal institutions could be, and
pr
provisions governing that matter The accom-
plishment of this end would more than justify
the holding ofa constitutional convention.
The necessity of some change in the practice
of our courts that will secure more speedy and
certain punishment of crime has Of late years
been impressed upon the mind of every thought
fpl citizen. Society and property demand
better protection from lawlessness, and under
such a pressure the wisdom Of a convention
could scarcely, fail to devise some wholesome
measure of relief from notorious existing evils.
Dissatisfaction with our present judicial sys-
tenn is widespread and well founded. Litigation
is too burdensome to the taxpayer. The pro-
cesses of law are too slow, compfcate aDd I'M
certain. By almost common consent it is.con-
coded thai our administration of law needs a
thorough revision and reform, which the Legis-
lature, manlfestly, can not accomplish under
the present Constitution, and viii CHI can only be
attained through some agency that will operate
soley in the interests of the people
1t is believed by many that our methods of ]
county and township business could be greatly
simpiihed and cheapened, and this subject would
be at least worthy of consideration in eonstitu+
tional convention.
A wholesome control of local railroad freight
charges has been established in some of the
States, under the direction of warehouse com
missioners. and this important question would
receive attention in constitution revision.
Not the least of the benefits to be derived from
a convention will be the settlement for years TO
come. Of questions that have long been agitated
and discussed among the people Of the State, and
that are now demanding final de
cislon nom t our sovefelgnty oman snrrage
aloud and snare not until tba3s.verafctis rem.
Saped Tenperanca yafo,n n ornos;tion 70 the
Honor traffic has enlisted iarea nronort;on IF
the neonie Under it's yarions bsnnEers of hieh
Iicansa LOCAL. eont;on and nrobih;tioTef aud is
pushing its claims for recognition with tireless
tbese questions il Costly sfands in fba Tvsl Of
other FOOD works and will onlv cease with
5rect decision ,bat, are uestions that TnT,st
and will finally be settled by the neonle. thew
has,;no haan S;scussaJ ai +h ,eoTfa arc q
Well nreraad ~ settla +hap ,oyv tbey
convention viii provide the onportnnty for such