The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-04-03
WHAT is HoVeY HERE FoRl
He Signed the Liquor License Bill With An
Invalidating Error.
[Thursday's Daily Sentinel.l-

Invalidating Error.
Thursdays Daily sentinel.l-
Thomas ]. Newkirk, clerk of the house, has
also gone into the CONSTITUTIONAL business
and yesterday announced that the high license
bill was unconstitutional, because it amends
section of the revised statute instead of refer
ring to the original act thought to be amended.
Sec. III of the constitution provides that
No act shall ever be revised or amended by mere
reference to its title but the act revised section
amended shall be set forth and published at full
length.
AIr. Newkirk claims that the Cullen high
license act does not comply with the above re-
quirement. The following is a copy of the act:
Section l. Be il enacted blythe general assembly
OF the state OF Indiana that 53l7 of the revised
of 1881 amended so as TO read as follows
No city incorporated town shall charge any per-
son who may obtain license under the provisions
OF this act more than the following sums for license
TO sell within their corporate limits: Cities may
charge $3.50, and incorporated towns $3.50, in addi
ton to the sum provided for herein before
1t will be seen that Mr.. Cullen in drafting the
bill attempted to amend Sec 5317 of the re-
vised statutes, instead of amending the liquor
license act of 1875, which Mr. Newkirk and
other lawyers say is fatal to the bill.
In compliance with the provision of the con-
stitutiOn Mr.. Cullen should have drafted his
bill to read follows:
BE it enacted by the general assembly of the state
OF Indiana that sec of an act entitled Gan act 10
regulate and license the sale of spirituOus vinOus
and malt and other Intoxicating liquors. . $ APP
proved March IL 1s55, be, and the same is hereby
amended TO read as follows: No city or incorpo-
rated town shall charge etc."
Mr.. Cullen, author of the bill, is reputed as
being good lawyer and was recognized as the
ablest legal authority on the republican side
on account of his long experience on the
argument on the vetoed bill for the republic
ans and the discovery that his pet
bill, the high license bill, to
which he devoted so much time
is so ignorantly drafted as to render it void, is
the subject of various conclusions as to the
real motives Of the gentleman from Rush. ''If
my office boy didn't know more than to attempt
to amend a law by referring to the section of
the revised statutes, he would not sweep my
office very long time" said well known
lawyer OF the state last night to SENTINEL
reporter.
The members of the senate will remember
that when the bill came up for passage in the
senate some of the opponents of the bill
charged the promoters of the measure with
hypocrisy, as the bill would be null and void
even II 1t passed, because as drafted by Mr..
Cullen and as it passed the house, it
had wrong title, which read, "a
bill Tor an act to amend sec.
5,3l7 of the revised statutes" This charge was
not made until the bill had been passed, and it
will be remembered that Mr. johnson, who
managed the bill in the senate, had the title
amended so as to refer TO the act of 1875, over
which action the senate wrangled for two hours
upon a point of order raised by Senators
Urmston and Burke that the title
could not be amended after the bill
had been passed and vote to reconsider its
passage LAID upon the table. However the
point of order was not sustained, and the BILL
with the amended title, was sent back 10 the
honse, where the amendments were con-
cured in. If the bill is unconstitu-
tiOnal, Judge Cullen, its author Senator
johnson, who had charge of it in the
senate and Gov. Hovey, who approved
it are responsible. These three statesmen
claimed a monopoly of constitutional knowl-
edge during the entire session. If the bill is
void it will be great disappointment to the
people and they will want TO know whether
HOvey, johnson and Cullen intended it
sham or whether it was through
the bill was loosely drafted by Mr.. Cullen,
half amended by Mr. johnson and signed by
the governor although unconstitutional.
This is bill of vastly more interest to the
taxpayers than the Griffiths reporter BILL which
Gov. Hovey carefully read to find its uncon-
stitutiOnal provision in order to al
low Mr.. Grifiths to enrich himself
at the expense of the taxpayers
and the lawyers Gov. Hovey signed
the most important labor bill without an en-
acting clause, and also approved the high
license bill so badly constructed that ordin-
airy school boy could detect its Illegally at a
glance Through the carelessness or ignorance
of these three men the taxpayers of the state
will lose probably million dollars annually.
But it is well known that Gov. Hovey ap-
proved or vetoed bills without reading them.
To substantiate this assertion it can be proven
by at least dozen persons that one of the We
toed bills was returned to one OF the
| houses with veto message with
the presiding officers. The bill had been taken
to the governor without any authorization
whatever, and Gov. Hoyey vetoed it without
discovering this fatal error, which of itself
would have killed the bill if he had allowed it
to go to the secretary OF state unsigned and
not disapproved. However, the bill was
promptly authenticated by the signatures of
the presiding officers when passed over his veto.
The miners want TO know whether the gov
ernor read their bill when he signed 1t without
an enacting clause.
The taxpayers want TO know whether the
governor read the high-license bill when he
signed it with the first line unconstitutional.
The bill has but eight lines and he cannot say
that he had no time to read 1t.
The people from the natural gas regions
want TO know whether the governor read the
anti.gas Observation-Disclosures bill when he
vetoed it, and sent message to the senate, In
which he said:
This act attempts to prevent the laying Of pipes
for the purpose of conveying natural gas outside the
limits OF the state attempts to punish persons who
may do so by a fine OF not less than $780, nor more
than 81, 600
If Gov. Hovey read the bill, will he please
point out to the natural gas people the section
of the bill which imposes fine of mot less than
| 500 and not more than $1,000 for piping
natural gas outside of the state? 1t is the opin-
ion of natural gas people that the fine mentioned
| in the bill, which the republicans helped
to pass over his veto applies to persons who
have wells unplugged and not for piping the
| gas out of this state.
ne M WOuld d
many bills Gov. Hovey actually read before
| approving or vetoing. Gov. Hovey is respect
| fully directed to the journals of the New York
assembly which are on file in the
state library. If he will turn TO
| messages of Gov Grover Cleveland he will find
that that great man sent back to the assembly
seventeen bills during one session for cOrrec-
ton only. one OF which was a labor bill drawn
on the Cullen plan, which if Cleveland had
adopted the Hovey system of signing bills,
would have been null and void like the Cullen
bill. But Grover Cleveland was not Napoleonic
governor and no bills received his approval
| before the technical defects were corrected.
For the good of the taxpayers of Indiana, it
would be well for Gov. Hovey to read the pub
lie acts of Grover Cleveland, for he will have to
sign the bills of one more assembly. Gov.
Hovey, what are you here for, anyhow?
Not Too Much Joy.