The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-07-27

son: The Curtis and Bigham bills were
PLAINLY opposed to the principle of local
seif-government. and they were declared to
DC unconstitutional by the Supreme Court
To those who believe in the Jeffersonian
doctrine of the separation of powers:
to those who think that the Demo-
cratic party IS the. only earnest de-
fender of the right of local self
government; and to those who do not
know to what extent the Democratic marty
has become possessed of the thirst for pow
er, place and the emoluments of Office it
will be surprise to learn that these acts
were passed by that party. Yet such ia
the case. In each house OF the General
Assembly there was majority of Demo-
cratic members. Every member who voted
Tor these bills was a Democrat, and their
introduction aud passage was made Dem-
ocratic measure In caucus and in the legis.
lative halls
1t is unnecessary to say more of the his
tory Of the bills, or of the objection to
them. would not have written these
lines if bills equally Objectionable had not
been passed by legislatures in other States,
The legislative is always the aggressive
power. 1t is not content 10 occupy its own
ing to take unto itself the rights and pow.
ers of the coordinate departments of gov
eminent. The power to legislate is too
often gwen 10 men who, individually. feel
but little of the responsibility resting on
the whole body. and from this sense of di-
vided responsibility comes an arrogance
tnat sometimes seems to be well-nigh
boundiess- Fortunately, our constitutions
place barriers to the legislative power.
Une OF the fundamental ideas in all
shall forever be Kept and SO exercised
separately, and upon this great principle
we must rely, more than on any other, for
Our constitutions divide the powers of gov.
eminent into. three distinct departments-
those which are legislative to one.
tnose wnicn are executive to an
other, and those which are ju<
dicial to another-and no person being OF
one Of these departments shall exercise anv
power which properly belongs to another.
The legislative department enacts the law.
the judicial construes it, and the executive
enforces IL.
the sages. have warned us that when two
or more of these powers are taken by or
united in the same person, or in the same.
body, there can be no liberty, and free gov.
eminent is at an end. Jefferson tells us
that 'the concentrating these in the same
hands is precisely the definition of despotid
government"
Washington, In his farewell address said:
The necessity of reciprocal checks in the exer-
else of political power by dividing and distributs
ing IL into different repositories. and consti.
tuting each the guardian of the public veal
against invasiOns 10y the others has been evinced
by experiments ancient and modern, some Of
them in our country and under our own eyes To
preserve them must be as necessary as to instis
tute them.
When either of the departments of gov.
eminent encrOaches upon another or upon
the rights of the people he deserves the
title first and foremost of patriots" who
resists such encroachments with all the
weapons which the law gives him. By the
exercise of sleepless vigilance and in tha5
way only, VIII we preserve our Institutions