The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-09
A Constitutional Majority Was Lack
Nye Says the BILL Is Now Dead.
CONGRESSIONAL VETO
HOUSE PASSES APPORTIONMExT BILL.
OVER GOVERNORS HEAD.
Coroner Casters salary Fixed at 3d.
OOo-Teaching of Effects of Ns,rcot-
les i'm the Public schools.


The Governor yesterday vetoed the Met
ropolitan police BILL The message was sent
to the Senate about O'Clock, and. the mes
sage being read, Senator Newly moved to
pass the bill notwithstanding the Cover
nor's veto. Pending the arrival of the Gov
errors message a strong lobby from Terre
Haute and South Bend had laid their plans
to defeat the bill, and when tho roll was
called on the question of passing the bill
over the veto there were but "A ayes TO %
noes, and the bill failed for the lack of a
constitutional majority. There was loi
tering to permit the call of absentees, and
the Lieutenant Governor while the roll
clerk was roughly making the footing,
gruffiy announced that he was the presid-
ing officer of the Senate, and ordered that
the roll be handed up.
There is question as to whether the bill
can be called up again or not The Lieu
tenant Governor says that it cannot; that
vetoed bill failing to receive a constitu-
tional majority is dead. The Republicans
take the position that a vetoed bill, like
any other bin that fails to receive coEsti-
tutional majority, can be called up again,
and that they will etal up. the bill to-day
and pass it. On the aAzof the roll Senator
Holler refused to vote. His South Bend
constituents demanded that he should vote
against the bill, or that at least he should
refrain from voting. Senator Boyd, it is
said. was also in the room and escaped the
roll call. The Republican Senators whose
absence served9to preventitthe caucus bill
from passing over the veto are: Boord, Nc
Manus. Manwaring and Wishard. Mr.. Wish
ard was home confined to his bed by an i'll
ness. Senator Boord was also one of the
seven that voted to retain engineer Cain.
The Governors message was as follows:
THE purpose of the law creating boards
of metropolitan police commissioners, which
this Senate bill No; 70 would repeal, was TO
,emove the control of police analrs from
city councils, overburdened with other po-
litical matters, and away from local polit-
ical Influences thereby hoping to secure
better conditions in the police system of
the cities to which it applied This has
been SO manifestly the effect, and has given
such eminent satisfaction to the cities
adopting it. as evidenced by the emphatic
protests of responsible citizens against the
present bill. that ! am constrained to be-
subserved by changing present conditions.
There can be strong argument produced in
favor of lodging the appointment of police
commissioners in the mayor of the city,
but in doing this the present bill should be
amended before becoming Law.
The bill provides that. cities with the
minimum population of 6,Qc5 shall have the
same boards of commissioners as other cit
5000 inhabitants, with police force of
six, will be burdened with the same number
of commissioners as cities with a force of
forty men. As
1T iss.also Objectionable that the more
onerous duties of commissioners in larger
cities may not receive a greater compen-
ing to the will of the Mayor than allowed
to these officials in smaller cities
with lighter duties to perform.
THE provision in Section 2, that officers
and patrolmen be appointed between the
two leading political parties of the city, has
been repeatedly decided by our Supreme
Court to be unconstitutional, in that it dis
qualities citizens from holding offices who
may not belong to one or the other leading
Trajectory of the provision of Section /,
which provides that the commissioners,
upon assuming the duties of their Office,
shall subscribe to an oath that they shah
in case and under pretext appoint
or remove any policeman. officer or other
person because of any political feeling held
by them. These Inconsistencies should be
remedied. Serious objections could also be
urged against one of the members of the
ION account of the above reasons or OBJ
Jections / return Senate bill No to the
General Assembly without my approval.
The Governor also vetoed the bill author
izing the citizens to vote ON the question
of the removal of the county seat of Jack
son county from BrowEstown to Seymour.
The message is as follows:
Senate bill No. 119. providing for the re-
location of county seats is herewith
turned without my approval
''Sections5 of this bill provides that GER
tain officers may vote. at the special election
which they reside This election to be
held is general election as TO the county,
conducted according to the law in force
governing general elections held in the
State | do not believe the Legislature can
change the qualifications of voter as fixed
by the Constitution. To say that certain
officers or voters may vote in other pre-
cinets thar. that IN which they reside is in
Constitution Of the state
Again. Section II of this bill provides
for the levy of q special tax on the prop
erty of the township alone to which the re-
location of the county seat has been or
dered, for the entire cost OF building and
erecting the new courthouse ana jail.
Section of Article 10 of the Constitution
of the State declares for "a uniform and
equal rate of assessment and taxation,
The courthouse and Jail are to be erected
on real estate the title OF which is vested
in the Board Of County commissioners %, OF
county, used for county purposes, ana
tax levied for such purposes must be uni
form and equal Throughout the county. Sc
rious doubts could arise as to the legality
validity of bonds authorized to be issued
by a township trustee for such purpose
and upon such special levy.
Besides these objections serious injustice
might result to certain citizens in their
property rights. Where county seats have
been long established, where citizens for
years have accepted its location as perma-
nent and settled condition ana property
rights acquired in homes or for other pur-
poses, 1t could he dangerous and unjust TO
disturb or unsettle these conditions. 1t is
easy to conceive OF a county, seat located
for years and unauestioned. in the geo
graphical center of county. and in an
necessity of their occupation. is sparselv
settled, and unable in numbers to contend
with more poppIous communities springing
no at a later day in some other part OF
the county. Common justice would demand
that the rights Of the farmer on his farm.
the citizen in the communitv weaker in
RUNNERS should have full protection under
the law against the invasion of his rights
bv force Of numbers in more populous
communities and especially II the fact of
county seat should have Influenced the Cit
zen in locating his home and establishing
his interests in said locality.
The bill was passed ever the Governor
veto by a vote of q to 49,