The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-11
THEIR ACTS WILL BE TESTED
Trustees Who Expect to Outwit the Gov
ernOr Overlook His Determination.
Strong Opinions from Two Lawyers on the
Vicious Legislation Democrats Have I'M
posed Upon the People at Great Cost.

It seems to be the impression that if the
Supreme Court passes upon both points in
cluded in the case of the certificate-holders
who want to act as Supreme Court COM
mission, such decision may set at rest all
the other controversies pending between
Gov. Hovey and the Democratic majority
in the Legislature. That"is to say, if IN
that particular case the court decides. not
only the question of the right of the Legis-
lature to confer judicial powers upon other
officers than those provided for by the
Constitution of the State, but, in
addition, decides the question of the
right of the Legislature to create and
fill any offices other than those
of its own presiding and clerical officers
and attendants, the latter part of such de-
clsiOn will be conclusive as to the Legality
of the claims of most of those who hold GER
tificates as biologists, inspectors, trustees,
commissioners. ETC., from the present Leg
islature. Both these points are brought
out clearly in the record" said we'll
of courts to decide no more than they are
compelled to decide, and the Supreme
Court commission case may be decided upon
a question which does not go to the root OF
the Claimants for other na places aces
who hold certificates will have to
ask for a mandate from the lower courts to
| make Governor Hovey show cause why
they should not have commissions, and the
cases will be fought through, these, courts
to the Supreme Court. and there decided.
| This will take good deal of time unless
case is stated and taken by consent to the
Supreme Court, and meantime the certlfi.
cate-hOlders will not be recognized by the.
| Governor in any official capacity
getting pos as anpeAf Of stase hs
ttptions with the conniyance z of
they they can go ahead and admainisfsr r Affairs
until the Governor gets a ruling of the
courts against them, butDhthey1 mistake
their man. They will not be recognized
| nor will their acquisitions be honored Gun.
| they will find themselves at the end of
| their string before they get fairly started.
| The city boards will fight their own cases,
but the Governor will look after the con;
administrative officers, and s'see that
| they are such persons as are. prop
erly commissioned. Some of the
efforts of would-be leaders of the Demo
me of the typical diminutiye dog in the
| elevated wiry grass. Take their bill which
| provides that only specific sums shall be
paid to particular men in office and the
merest tyro knows that the salary of an
officer belongs to the office. u The Hghtful
| occupant of that office, whoever he may be,
| has always had his right to receive it. up
held by the courts These attempts show
the size of the men who make them, with
| out the aid of any diagram. Il 20, ~
One OF the best-knOwn lawyersi In Indiana,
| and who, in years gone by, has been closely
| connected with the politics of the State.
said, last night, that with strict regard
for truth. probably no other Leeislatur
ever passed so much purely political olegis-
latiOn. "Other Legislatures" he continued
"have passed many laws bearing uron and
relating to the creation of offices and the
| method of filling them, but no other ever had
SO constantly in view the PARTISAN
side of question. In other words
| this Legislature more than any other has
| legislated, as any fair.minded manwho does
not desire to deceive himself must perceive,
| solely in the interest of one political party"
| What is your opinion OF the Supreme
Court Commission bill" ~
| THE lawyers of the State, IRRESPECTIVE of
| party, have long thought Supreme Court
Commission would not stand the test of
cOnstitutionality. The law of 1ss1 escat,n &
| one was never questioned simply because
the Supreme Court was at that time 50 far
| in arrears that courts. lawyers and ht3ganFs
that it was unconstitutional. But that bill
was not half so obnoxious as the present
one, because, although at that time
the majority of the Supreme Bench were
| DemOcrats and a majority of the Legisla-
ture were Republicans, yet each member of
the bench was allowed to select the COM
missioner for his district, and Governor
Porter appointed the men SO selected, the
Governor thus exercising the appointive
Under the present law the Governor is de-
MED the right to appoint the commissioners,
and the Supreme Court is sought to be COM
PEELED to receive the services of five men,
whether agreeable or not, the Legislature
arrogating to itself the right toeh6ose and
thrust upon the Supreme jndges five
wOrn-Out Democratic politicians, defeated
and repudiated by the people. The SUI
Court Of five at x6 6h1s time asa is
that within two years they will be able to
practically clear the docket Of that court.
The greater part of the accumulation of
business now existing in the Supreme Court
has been brought about by the tardiness of
some of the men the Legislature is now try
ing to fOist upon that court. The condition
of business in the court is such as to permit
the constitutional questions to be presented
through the forms of litigation, and there
will be no lack of effort through capable
counsel to preserve the rights of the people
guaranteed to them under the Constitution.
1t is imperative that these constitutional
safeguards should not be destroyed without
an earnest effort to maintain them. If the
Constitution is allowed to be trampled IN
| der foot in one instance, it will throw open
door through which other assailants may
enter at pleasure. 1t is especially true Of
constitutional government that eternal
vigilance is the price of liberty.p ~ - IN l,'
What do you think of the other bills
framed to take away home rulei fpomthe
well take the Curtis bill. That Ger.
tainly does that very thing. 1t .deprives
citizens and taxpayers of the right to gov
ern themselves. Our forefathers fought
| for the right of representation and because
they were taxed without representation
| After they won their victory by the revo-
luton they would have laughed to scOrr
| any one who would have said that in little
more than a hundred yeaB, in part OF
this country, a legislative body would deny
to the people this fundamental right. Nc
more vicious legislation, looked at from thi.
point of view, can be imagined. Of the 15(
men composing the General Assembly there
are seven who reside in the city; yet thi.
| General Assembly assumes the right tl
select three commissioners who, under the
| Curtis bill, are to administer q great Dor
ton of the affairs of this city, and disburst
the money contributed by the taxpayers
| With just as much reason might the Gen
eral Assembly arrogate to itself the right
to select the Mayor. Board of Aldermen
Common Council and other officers of Ind
annapolis and all officers of Center town
| ship. Indeed, to carry the principle to it:
legitimate and inevitable result, If once es
tablished, the Legislature should take tt
itself the power to fill all the town, town
ship and city Offices III this State, probably
comprising some ten thousand in number
Then in electing majority of the General
Assembly from one political party, to thai
| marty which NAV have a majority in thf