The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-08-24
LOST TO DECENCY
A Lively Brief in the Controversy
over the Fort Wayne Char
ter Law.
A brief was filed In the office Of the clerk

A Dr1ef was nled IN the ONCE OF the clerk
OF the Supreme Court yesterday on behalf
Of William Geake. Charles s.. Bash and
Anthony B. Trentman. constituting the
Board of Public Safety of Fort Wayne, In
their suit against Joseph v. Fox. city con-
troiler OF the city Of Fort Wayne. This is
one OF the suits growing out of the passage
by the last Legislature OF the law com
monty known as the Fort Wayne charter
amendments" The provision OF the law
that Is the basis of the present case is that
which creates a board OF public safety for
Fort Wayne. the members OF which are
10 be appointed in the first instance by the
Governor. When Messrs. Geake. Bash and
Trentman offered their official bonds to
Controller Fox preparatory TO taking their
Offices that official refused TO accept the
bonds on the ground that the law under
which the men were appointed was un-
constitutional.
The Board OF Safety Immediately began
a suit for mandamus in the name OF tho
State TO compel Fox to accept their bonds.
The complaint attacked the charter amend
ment In question on the ground that the
Legislature has no authority to place the
der the control OF a board of safety. The
contention was further made that although
the part or the law relating TO the control
of the police system of Fort Wayne by the
Board of Safety might be constitutional,
the two parts were so closely interviewer
that the whole law must be declared I'M
constitutional and void If any part of it
should be so declared.
The attorneys for the Board of Safety,
I'm their brief flied yesterday, argue that
the law Is constitutional as to both parts
and, even IL IL should be unconstitutional
as to the part relating to the fire depart
ment. Ii may be held constitutional as re-
CARDS the police and other departments Of
the city government.
Answering the contention of Controller
Fcxs counsel that these officials members
OF the Board of Safety ought to be elected
by the people. the brief says:
Upon a hasty consideration of the prop
osrtfon-H wosld seem that it would be best
that all officers charged with duties pecul-
farly local should be elected by the par
ffcular persons whom they are to serve.
And under ordinary circumstances and
probably true under all circumstances. pro-
vided the locality TO be represented and
TO make the selection is sufficiently large
TO represent the average opinion of the
people who are to be more or less affected
by the action OF the officers selected.
THE SHOULD TAKE A HAND.
1T is not dir cult, however, for the peo-
pie of Indiana to conceive of a condition of
affairs in a particular municipality where
the best interests of the people could not
be served by their officers being selected
by the local electors. Instances have
arisen and may again arise where particu-
lar localities have become so lost TO the
NaNAt LANN
would not select officers TO enforce their
laws. and the lack of such enforcement
was injurious not only to the local com
munity, but was injurious to neigh
boring communities. in fact, injurious
10 the peace, dignity and good name
of the whole State. So that the court
should hesitate before declaring that the
people have been unwise in the construc-
ton of their Constitution. The time may
come when II will be absolutely necessary
for the protection OF the whole State that
the public sentiment of the whole State
shall control In the local government of
some particular community, and we shall
probably find. upon the whole, that upon
questions of this character the Legislature
can be depended upon TO carry out the
wishes of the people Of the whole State, If
not of some particular locality.
The questions under discussion are by
this case for the first time fully and fairly
presented to this court for decision. and
we realize that the decision may be far
reaching in it's results. and we can con-
ceive the possibility. If the questions are
decided for the appellants. of future Leg
islatures making extensive changes In the
matter OF municipal government, and pos
sibly extending the powers of officers to
be appointed by the executive department
over a wider territory than has been here
tofore attempted. This. in the present state
of public opinion. would certainly be unde-
sirable and Unnecessary.
I'VE think II unfair to assume that such
legislation viii be attempted unless IL be-
comes necessary. The strong party spirit
which prevails is the only thing which in
dicates anything in that direction. Upon
the other hand. IL this case is decided adj
versely 70 appellants IL will be an encroach-
ment by the judiciary upon the Constitution
10 an extent that would be exceedingly
more dangerous than the dangers adverted
TO. and in addition TO that Il will put III
entirely without the power of the Legisla-
ture TO protect and preserve localities from
themselves in the event that il becomes
necessary"