The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1906-10-20
BIPARTISAN STATE BOARDS
ARE DEFEATED BY M'ADAMs
Files Brief In Appellate Court Present
Ing Counter Ar@amenfs--Attacsx
Made by aIoaofl Against Raflroud
Commission Law.


Especial to Lake County Times.D
Indianapolis, Ind. Oct. 19.-In brief
filed in the appellate court today
Charles V. MeAdams, railroad commits
sioner. comes to the defense of the BIZ
partisan control of state institutions
and the bipartisan organization of
some twenty-five state boards.
In an appealed case before the appel
late court, involving the constitution
ality of the railroad commission law,
the Monon railroad, the appellee, in a
brief filed recently attacked the rail-
road commission law as being uneon-
stitutional, because of the fact that the
law provides that lat no time shall
there be more than two of the said
commissioners (railroad commissioners)
members of the same political party"
and because, also, the following Ian
guage is contained: The persons so
appointed shall be resident citizens of
this state and qualified voters under
the constitution and laws and not less
| than thirty years of age"
1t can be seen that if the appellate
court holds the contention of the Monon
good, and declares that this law is un-
constitutional because of the two above
| provisions, not only will the various BIZ
partisan boards come to an untimely
end, but all age qualifications for var
| ious statuatory Offices will be swept
away
| The Monon bases its contention on
two points: that the general assembly
! in making the above provisions violat-
| ed that section of the constitution that
entities every citizen of the state his
! full share of the privileges and i'm
munities;" and that the general assem-
bly, has no right to fix any age quail
hcation at all for such Offices.
/ In the reply brief filed today Commits
sioner McAdams holds:
THAT the power and authority of the
| general assembly to legislatu is limited
only by the federal constitution and
the constitution of the state. All legis-
lative authority not granted to the
general government or prohibited by
these constitutions may lawfully be ex-
ercised by the assembly.
IF the constitution does not pre-
scribe the qualifications for office, the
| legislature may.
The right to or qualifications for
holding Office are not included in the
| privileges and immunity guaranteed
by section 2S of the bill of rights.
The stipulations as to age and
party Affiliations in the law are only
advisory, and if invalid, may be disre-
garded by the governor. The governor
may execute the act in accordance with
the constitution and laws of the state
This contention is justified by the long
continued course Of the people ir elect
ing a state statistician and a state
geoiogist under laws which provide FOL
their appointment by the governor and
election by the general assembly,
In his argument McAdams claims
that the construction of the court fav-
orable to the claims OF the Monor
, would destroy every obvious bi-parti
, san board. and even obviate the use
of any sort of civil service ruling tha
, might obtain in state affairs. It woulC
, In effect. he says. absolutely destroy
, any check that efficiency might pre-
scribe, and is therefore absolutely il
) loSicaI and absurd.