The Indianapolis journal., 1885-03-07
An EngrOssing Clerk Makes Grave Charge
Against the Recently Deposed Assist
ant Secretary of the Senate.
A Petition in Circulation Asking a Spe-
cial Session of Twelve Days.
The 12 O'Clock Saloon Bill Defeated in the
Senate-The House Passes the Mar
tin Claim Bill.
THE STATE MILITIA BILL.
Governor Gray Vetoes 1t Because He Be-
IIieves that 1t Is Unconstitutional.

Governor Gray Vetoes 1t Because He Be-
IIieves that 1t Is Unconstitutional.
The State militia bin, which was actually
fought through the Legislature, reaching the
temporary triumph of final enactment in the
House on Thursday, was yesterday returned to
the Senate where it originated, with the veto
of Governor Gray The announcement of the
Governors action, from the fact that it was
quite unexpected created something of a
sensation, and the failure of the bill to
become law will have depressing effect upon
the spirited interest which has been manifested
during the last three years in the improvement
of the militia organization of the State. There
has been no bill before the General Assembly
the passage of which has been more ardently
urged over IL, 900 citizens of the State having
signed petitions asking its enactment In his
message to the Senate giving his objections to
the bill, the Governor says: while l
recognize the importance of some
additional legislation looking to q more
perfect organization of the militia Of the State,
and the necessity of the State extending by
am constrained to return this bill on account of
constitutional and other objections The ap-
preparation contained in the bill and any author
lied expenditure for the military contingent
sufficient to a practical and successful
execution Of the law. While the burden of
taxation falls so heavily upon people the
financial condition OF the State is not such as to
warrant the outlay, at the present or in the fu-
ture, necessary for such an organization of the
militia of the State as contemplated by this act.
IT. however, 1 were to waive this objection,
still cannot give my approval to the bill on ac-
count OF grave constitutional objections. One
of these grave constitutional objections is
haf
any member of the militia who shall fail to at
tend any drill parade or encampment, or any
other duty when ordered shall be fined and the
commanding officer is authorized and directed,
IT such fine is not paid within seven days after
notice, TO issue his warrant for the amount of
the fine therein named, and deliver said warrant
. to the sheriff OF deputy sheriff, town
or city marshal, or any constable in
the town or township where the delinquent re-
sides, and such warrant shall be levied upon the
goods and chattels of the delinquent and the
amount therein named shall be collected without
relief from valuation appraisement or exemp-
tlon laws This is very summary and arbi-
trary mode, the Governor says for collecting a
fine, and st is contrary to the spirit of our in
stitutions; it makes provision for either a
judge, jury or trial. 1t makes the Judgment Of
the officer final, and denies the right of the de-
i1nguent to the benefit of the laws accorded to
all in other cases"
The Governor further quotes in his veto mes
sage sections 90, 81, GO, GA and 65, which provide
that violations of the regulations presented in
the act shall be misdemeanors, subject to fine
and Imprisonment, and he adds that :'section
~ provides that all fines and penalties for any
violations of this act except as otherwise specif-
cally provided, shall be paid to the treasurer of
the county in which such fines and penalties are
assessed, and shall be paid by the county treas
urer to the Treasurer of State, at the tmo such
officer makes his annual settlement, and such
sums of money so realized shall be by the Treas
urer Of State set apart as q portion of the mill
tary fund for the sole use and benefit of the
active militia of the State, to be paid out and
expended on the order of the Governor"
I'm my opinion" the Governor says, ''the dis
money realized from the fines in the foregoing
sections diverts the same from the common
school fund to a military fund.- and is contrary
80 the provisions of section 2, article s, of the
Constitution. 1t is provided in said section 2,
article s, of the Constitution that all fines as
sessed for breaches Of the penal laws Of the
State shall constitute part of the COM
mon school fund For the foregoing
reasons, and others that might be given,
cannot give my sanction to the bill. 1t is not
conspicuous for brevty. It contains seventy
five sections, and IT'S extreme length has pre-
vented me from giving it more extended re-
vew"
The veto effectualy kills the bill. The Sen
ate, after discussing the message at some length,
coEcursed by its action in the view of the Gov
ernoF that the bill is unconstitutional, only six
members voting.