The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-13
LET THE COURTS DECIDE.


admitted early in the session that
board of public works, under proper
restrictions and conditions, might prove
good feature of city government, but
insisted that if such board was created
its members should be appointed by the
Mayor, who, as the executive head of
the city, chosen by the people, should be
held responsible for this and all other
executive duties. The Curtis and Big
ham bills ignored this fundamental prin-
ciple of municipal government and pro-
posed to enact new laws and create new
offices and new officials for the govern
ment of the city without consulting the
people and In plain disregard of the
right of self-gOvernment. 1t was no
answer to this argument to say that the
Council or the street commissioners had
not done their duty. 1t was no answer
to say that a board of public works or
a legislative police and fire department
would be great improvement ON the old
system. 1t was no answer to say that
similar experiments had worked well
elsewhere. The fact remained, and
still remains, that these bills were and
are an invasion of the rights of the peO-
pie, usurpation of power by the Leg
islature, and violation of the plainest
principles of local self government. Nor
is the case altered by the fact that the
gentlemen composing the first board of
public works, elected by the votes Of
Democratic members of the Legislature,
from all parts of the State, are citizens
of high standing and character. Not a
word can be said against these gentle
men, personally; buctheir high standing
and character do not lessen the original
and fundamental objections to the law.
If any or all of them had wished to serve
the city in public capacity it is prob
able the people would gladly have
elected them to one or the other branch
of the Council, where their public spirit
and devotion to the general welfare
would have found ample room for action
through the ordinary channels. They
| might have been surprised to find there
some cOuncilmen or aldermen as ready
to serve the public for $3.50 year as the
members of the board of public
works will be at $1,000 year,
and perhaps as well equipped.
standing and character had come before
the people in the usual way and been
chosen by them to assist in the govern
ment of the city, or had even been APP
pointed under proper authority by the
Mayor, as the executive head of the city,
they would not stand in the position
they now do of representing a partisan
caucus and usurpatiOn of power.
While it is doubtless true that no part of
the discredit of the measure attaches to
| the gentlemen thus suddenly legislated
into office, it is equally true that their
high character and standing do not fur
nish any argument against the inherent
wrong and vicious tendency of the law.
A very little further advance i'm the
same direction will do away with the
election of Mayor and Council by the
| people, and vest the entire government
of the city in legislative caucus.
The Legislature made no attempt to
| ascertain the wishes of the people, and
paid no attention to the protests against
the passage of the bills. They are now
laws, SO far as legislative ena ctment can
make them so, but their friends and
benefciaries must admit that they are,
at least, of doubtful cOnstitutiOnality.
The fact that the Governor declined to
sign, and that the city authorities refuse
to recognize them, raises question
which should be settled by the courts.
There is no occasion for an unseemly
wrangle between the old and the new
| authorities, and certainly no excuse for
prOtracted controversy, in which pub
lie interests and public order might be
endangered. The people are interested
in having the question settled as soon as
possible, and both parties to the contro-
versy should be willing to contribute to
| this end. Let an agreed case, or an is
sue made by friendly contest, be sub
mitted to the courts for decision, and
then let everything be done deCently
and in order, according to the law as the
courts declare it.
In view of the fact that the laws crea-
ting the new boards are of doubtful con-
stitutionality, and that in any event
their enactment has not been demanded
by any expressed will of the people, it is
manifestly the duty of the Mayor, the
Council and the present Board of Police
Commissioners to insist that the validity
of the laws should be determined before
they surrender to the new boards the
franchises and property of the city placed
in their hands as trustees. They have
accepted the trusts and are responsible
to the people that elected them that
they do not allow their places and pow
ers to be Invested except by due process
of law. 1t is a question for the courts to
decide, and the decision should be sought
at the very earliest possible moment and
in the most peaceable and orderly man.
ner. This is manifestly the interest of
all parties concerned, officers as well as
the public generally.
l
THE people of Indiana owe it to them
selves to remember that they are largely
indebted to Ex-Governor Gray and Sen
ator VOORHEES, for the disgraceful record