The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-08
TWO ADDITIONAL vETOEs.
The Board of Health and Little Bigham's
Big Bill Repassed.


The Board of Health and Little Bigham's
Big Bill Repassed.
Two more vetoes were delivered to the
House by the Governor yesterday. Their
announcement was not q surprise TO the
majority, who several days ago were given
to understand that all their political bills
would receive the disapproval of the chief
executive. Both messages were delivered
during the afternoon. The first was upon
the Bigham pOlice-fire department bill, and
in delivering it Private Secretary Roberts
furnished a great deal of amusement to the
House. As usual, he stood near Mr.. Big
hams seat, in the center of the chamber,
and every time he reached a period in the
reading he would pause a moment and look
at the author of the bill, a good type in
personal appearance of the jack
of clubs. Bigham did not like
1T. He would, by turns, blush and grin
idiotically, and the more the members APP
plauded Mr.. Roberts. the more would Big
ham blush and grin. The Republicans
were in a Joking humor, and Mr.. Berry took
from the huckleberry statesman, Wilson of
Shelby, his p~rerogative of demanding a
poll of the House. After the poll had been
tdhCu, anu SUOWtu StNtIdl DtIuOCTdllC
members absent, Mr.. Cranor arose and
said: Il move the dOOr-keepers give us a
song while the Democratic brethren are
gathering in:' The song was not forth
coming, but the Democratic members were
soon corralled, and the bill was ~re-passed.
The message vetoing the bill was as follows:
STATE-HoUsE, INDIANAPOLIS, March z, 1889.
To The House Of Representatives, Hon. Mason j.
Niblack, Speaker:
After full consideration return without my ap-
Il DrOVal House Dill No. 81. entitled. "An act DrO-
yiding for a board of metropolitan police and fire
departmental all cities of this state of $4,000 or
more inhabitants, according to the United States
census OF 1880, prescribing how the first MEM
bers of said board shall be elected and commits
stoned. and how their successors shall be APP
| pointed, providing for the organization of the
board, defining the duties OF the commissioners
comprising the board and of the boards; provid-
ing for the appointment OF superinten-
dents, officers. patrolmen, and other
members of the police force, and for
the appointment of a chief fire engineer, officers,
fremen, and other employees of the fire depart
ment OF such cities, and the manner of paying
them for their services; giving said board full
authority over the fire department of said cities,
and authorizing the board to purchase all sup
plies, engines. ladders, wagons, horses, and all
scribing how the bills for the same shall be aud
tied, certified and paid; providing for the abOli-
ment in such cities, and for the abolition of the
Office of city marshal in such cities, and provid-
ing for other matters connected with the govern
cities; repeating all laws in conflict with this act,
especially an act providing for a metropolitan
police in all cities Of $4,000 inhabitants, etc.
1t was evidently the intention by the first sec
ton to give the character of a general law to
this act, so as to avoid the objection of its being
a local law, and subject TO Section %, Article 4.
of the Constitution, which would render il null
and an .. y9id. Byc1 On the provisions So enn OF this act
habitants. according to the United States census
OF 1880" il can only apply to the cities of Indian
apOlls and Evansville, the census showing the
population of Indianapolis to be 75,056 and
Evansville 29,2sO. and no other city IN the State
reaching $4,000. Courts will take judicial
Had this act borne the title and provided for
metropolitan police and fire departments in the
cities OF indianapolis and Evansville there
could be no doubt of its unconstitutionality as
a local law. under Section %, Article ", above
quoted; and the circumlOcutiOn used OF settles of
this State of twenty-nine thousand or more in
habitants, according to the United states census
OF 1880" cannot transform the act into any
thing more than a local law. 1t is q cumbersome
subterfuge. that can deceive no one.
The police and fire departments of those two
great cities. whose population numbers now
nearly 100000 are. by the act, placed beyond
the control Of the electors, and conferred upon
the General Assembly of this state. and the
OF this act is concerned, the electors
of said cities, are virtually DISTINGUISHED.
There are ninety-twO counties in this State.
Ninety of those counties are unwilling to dis
franchise their own people in their cities, but are
by this act willing to make the people of the
cities OF indianapolis and Evansville bear the
burdens of the masters that the General Assem-
blies and Mayors of those cities may place over
them. Surely Democratic theories are losing
their influence. and the inhabitants, of our two
great cities, on some subjects, are no longer
capable of self-gOvernment. Why do not
the provisions of this act extend TO all the
cities or the state! The answer is simple:
The representatives of the cities in c0un-
ties outside of Marion and Vanderburg
would have spurned and spit upon this act had
its provisions embraced their own constituency.
would that others should do unto you, do We even
so unto them has been forgotten.
In my opinion the act Is unconstitutional for
the following reasons: 1. The General Assembly
cannot create offices by statute and NIL such of
fees by election or appointment. 2. This act
Is in conflict with Sec. %. Art. 4 OF our COnstitu-
ton. ). 1t virtually deprives the electors of
the cities of indianapolis and Evansville Of all
right to take any part in the selection of police
officers and officers of the fire departments of
said cities. ALVIN p. HovEY, Governor.
A few moments after the police bill had
been disposed of Private Secretary Roberts
returned with another message vetoing the
bill taking the appointment of the men,
bers of the State Board of Health out of
the hands of the Governor, and vesting it
in the General Assembly. The message
was as follows:
To the House of Representatives, Hon. Mason =.
Niblack, Speaker: !
After fun consideration I return without my
approval House Bill No. la, entitled:
A act to amend Sections and z of an act enti-
tied An act establishing a state Board of Health,
defining its purposes, powers and duties. pro-
| Nlulng n system Ol registration ana report OF
vital and sanitary statistics in connection there
with, and prescribing the duties of certain State,
county, township and city officers in relation
thereto. and prescribing penalties for violation
of certain provisions thereof approved March z,
1881, and declaring an emergency"
This act attempts to deprive the Governor of
the appointment of the members of the Board of
Health and transfer the election of said men,
bers to the General Assembly. For that reason,
In my opinion, this act is unconstitutional, as it
provides for the election of the members OF the
Board Of Health by the Generel Assembly of the
State. ALVIN z. HovEY. Governor.
The usual proceedings were gone through,
and both bills were sent to the Senate,
where that body took immediate action in
re-passing them.