The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-02-27
The First Veto.


Gov. HovEY has been quick, if not
eager, in the use of his high prerogative.
Although but a few DAYS in the service be
has rushed the heavy ordnance to the
front and Numbered forth the executive
veto. In the face of demand for legisla-
tive relief expressed in the most unmis-
taxable terms by the bar, the bench, and
the general public of the entire state, he
has seen fit to join the legislative
minority in their roll of obstruc-
tionists and TO the full extent of
his power has negatived the earnest
effort of the majority to solve the supreme
court problem. We wish we could say
that his message on this subject was cred
liable either to his understanding or to
his sense of the proprieties, but to every
informed and candid mind this is forbid
den. If considered as an argument, it is
at once found to be as feeble as il is OBJ
scure. If designed by its author as a
philippe, it rises simplyto the level of the
scold. Neither in substance nor in tone
does this first deliverance of the governor
give promise OF that equable and enlight-
ened treatment expected from the execu-
tive in his consideration of the legislative
measures submitted to him.
Gov. HOvEY has missed an opportunity
to make a marked and favorable impress
sion on the people. The bill he yesterday
rejected is a wise and effective one, and it
is fortunate for the public good that there
were enough members of the assembly
who approved it to make it into a law,
notwithstanding the Veto The supreme
court is frightfully behind in its work.
Its utterances are so delayed that it has
come to be looked on and counted on as a
place ofintrenchment for the rich. the pow
erful and the general wrong-doer. The
average citizen with Just demand shrinks
from entering the courts. Final judg-
ment in the average contested case may be
safely reckoned on as being at least three
years distant, and well-paid lawyers can
easily postpone for years the day of settle
ment. The public mind has noted these
facts with an Impotence that within the
past year has assumed an unmistakable
significance. On every side and from the
representative men of all parties the de-
mand for immediate relief was heard
Lawyers, bar associations and judges
united with the voice of the press
of the state in this appeal
or prompt legislative action. The general
assembly, responding in sympathy with
this demand, presented the commission
bill rs the best solution of the problem.
In fbis ~ folIoued tho recOpopaDdot,o0s
of the bench and bar, and was sustained
by the general opinion. 1t was sustained
in its action by the ripe judgment of Judge
ELLIOTT, the present chief Justice of the
supreme court, and himself republican.
There can be no doubt whatever that
when the present legislature con-
vened a commission in aid of
the supreme court was generally
anticipated, earnestly desired, and re-
garded as the wisest means whereby to OBJ
viate the laws delays 1t was not to be
an experiment. 1t had been tried success
fully for years. The only substantial diff
ference between the old commission
and the one now contemplated is
grounded on the method OF Sc
lection OF the lncumbentS- Under
the former law the power of appointment
was delegated by the legislature to the
court. Under the present law that power
is to be exercised directly by the law
making body. 1t at once became and has
continued to remain party question with
the republican minority, and by every
means open to them they have sought to
defeat the enactment OF the law.
Gov. HovEY must have known these
facts. He has ignored the appeal for re-
lief, and instead of dealing with the sub
ject soberly and investigating it carefully
he has sided with his fellow partisans
The position that commission is I'M
constitutional is palpably unwarranted.
The debates in the house when the bill
was pending there clearly establishes that
the legislature has full power over this
subject, and that the proposed commission
will be wise and lawful attachment to
the supreme court.