The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-03-07

the military contingent fund. would. in my judy
nent. be insufficient 10 practical and successful
execution CT the law. While the burden of taxa
lion falls so heavily upon our people, the financial
condition OF the State IS not such as to warrant
the outlay at the present or In the future. neces
sary for such organization of the militia of the
State as contemplated by this act. II, however. |
were 10 waive this objection, / still can not give
my approval TO the bill, on account of<Fave con-
stiiutional objections.
Section So OF the act provides shat any member
Of the militia who shall tail to attend anv drill,
ordered shall be fined. snd the commanding Off.
Ger is authorized and directed if such fine is not
paid seven days after notice. to issue
the fine therein namsd, and deliver
id warrant 10 the sheriff or Deputy sheriff. Town
or City Marshal, or any Constable in the town or
township where the delinquent resides, and such
W lrant shall be leVled upon the goods and chat
te,s OF the DELINQUENT. and the amount therein
nlmed shall be collected wi .hout relief from valu
at on, apprsisement or exemption laws"
This Is a very summary and arbitrary mode OF
institutions. IL makes no provision for either a
Judge jury or trial. II makes the Judgment OF
u officer final and denies the right OF the elm
quenI TO the benefits OF the laws accorded TO all
IN other cases.
Section so provides "that any person who shall
fail refufe or neglect to deliver and return the
books, blanks arms or equipments or other mill.
tary property, to the person to whom the same mas
bsen legally entrusted shall be deemed guilty OF
misdemeanor, and, upon conviction thereof,
may be fined in any sum not less than twice the
value nor more than i've times the value of such
u,
in the county jail for any period not exceeding
Section so provides that any member of the or
ganiZatiOn who shall conduct himself in a dis0r-
deTly manner, incite any riot % tumult, or shall
be guilty OF drunkenness, shall be deemed guilty
of misdemeauor and shall be liable to q fine not
exceeding $50 or De imprisoned in the county jail
not exceeding ten days, at the discretion OF the
count or jury trying the offender, said fines named
in this and preceding section of this act to be i'm
posed. collected and paid to the treasury of the
county 10 which delinquent or offender belongs,
io5 the use ee ana a.. benefit OF such company
tions of its provisions the offender shall be deemed
guilty OF a misdemeanor. and, upon conviction
thereof, shall be fined IN any sum not more than
$780, or may be imprisoned in the jail of the coun-
~ where such offender resides for not more than
six months or etner or both. at the discretion of
the Court or jury trying the same, such punish
ment 10 be enforced by Indictment or information
IN the name of the State OF Indiana, in the Circuit
side -
It is further provided in Section 65 'thst for any
violation OF the provisions thereof the offender
she'll be deemed guilty OF mlsQemeanor, and,
upon conviction, may be fined in any sum not
exceeding $500 and confined in ire county Jail for
8 term not exceeding six months; aud, on vio-
laiDg the provisions OF Section 81, shall be fined
In any sum not less than S. nor more than $40 +"
And &c lions 3. and So provide THAT any viola
ton thereof shall De misdemeanor and punished
by fine"
section y provides ''that all tines and penalties
for any violation of this act except as otherwise
specially provided shall be paid to the Treasurer
OF the county in which such fnes aud
penalties are assessed. and shall be paid
by the County Treasurer 20 the Treasurer of state
at the time such ofEcer makes his annual settle
ment. and such sums of money so realized shat
be by the Treasurer OF State set apart as portion
OF the military fund of the State for sole use
ana benefit of the sctive militia OF toe STATE 10 be
paid outard expended on the order Of the Gov
ernOr."
In my opinion. the disposition sought to be
made OF the money realized from the fines in the
foregoing sections diveSts the same from the COM
mon school fund TO a military fund, and is con-
trary TO the provisions OF Section 2, Articles OF the
Constitution. tits provided in said Section ,, Ar
ucle S, OF the Constitution that all fines assessed
for benefits of the penal laws of the State shall
constitute part OF the common school fund.-
For the foregoing reasons, and others that might
be given, give my sanction to the bill II
is not conspicuous for brevity; ii contains seventy
five sections and its extreme length has prevente
me from giving II a more extended review.
ISAAC p GRAY, Governor.
The veto was sustained by the Senate by Q
vote OF 35 10 g.