The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-06-03
governor MARSHALL EXPL AIMS HIS NEW CONSTITUTION

OOuOu OJlOu
be supreme court OF eleven Judges.
This would enable us to abolish the
appellate court and prevent confusion
in our decisions.
Initiative, Referendum and Recall.
THE new constitution provides that
on petition of twenty-five per centum
Of the qualified voters of the state the
general assembly may adopt laws pro
viding for the initiative, referendum
and recall, both OF state and local APP
plication. but that no bill for the re-
call Of the judiciary shall ever be
passed
We would better find out before
We inevitably yield our consent to the
initiative. referendum and recall Of
Officers. except judges. that the fault
Is not with the people as much as it
is with the legislator II may be well
to ascertain whether the peoples gov
eminent has been wrested from them
or whether they have voluntarily
given 1t away. 1t might pay to deter
mine whether 1t is necessary to de-
stroy it in order to recover II. As its
recovery must be wholly by peaceable
means, II may be advisable to ascer-
tain what are the advantages Of the
new over the old before adopting
them. Experiments are being tried in
other states. Let us watch their re-
suits, adopt them If good. avoid them
II evil.
But / am one of those who believe
that theories must inevitably go down
in the face Of conditions. Therefore.
I am in favor of putting this guide
post in the constitution of our state
to warn the legislator that his bust
ness is to serve the people: that he 10
not in Office as the hired attorney Of
corporations or any class OF citizens
to procure enactments which will be
for their special benefit; to warn him
that there is a point beyond which he
dare not go, and that If he does We
are going to demand. regardless Of
all our preconceived theories OF gov
eminent. that he give us a chance to
reject those things which we believe
to be vicious and to adopt good legis-
lation which we believe he has refused
to pass for u.s. This is conservative
in its character 1t is intended only
as warning and yet 1t may be made
use of as q safety appliance In the
event OF danger. cannot we'll sec
how it will fail to meet with the ap-
prevail OF the people of Indiana.
An Indefsasible Right.
0Yy~Ao, 49, ,o-p c~~.xaA,<a.- A.
general assembly may provide for the
qualifications Of persons admitted to
the practice Of law. In the present
constitution every person OF good NOR.
al character Is entitled to practice.
The new constitution provides that an
amendment may be proposed by
general assembly and Immediately
voted upon by the people Of the state
and that It shall become part OF the
constitution IL . majority Of the cleo
tors voting upon 1t vote favorably. A
political party may declare for or
against an amendment and have the
amendment printed az part Of its
ticket. 1t is provided, too. that no
new constitution shall ever be submit
ted until after q constitutional con-
vention has been held. It may be
| thought that this 10 an unusual pro-
vision. 1t must not be forgotten. how
over. that the present constitution to-
tally lacks any clause for the calling
OF a constitutional convention. There
| fore, the legislature is the only body
which could present a new constitu-
| ton. Il must not be forgotten also
that the new constitution can be
amended-while the old seems impos-
sible Of amendment. Nor must 1t be
| forgotten that AZ many amendments
as the legislature desires to submit
may be submitted to the voters OF the
state at one and tho same time.
"My countrymen, It Is your indie
I feasible right as declared from the
beginnings Of this government to alter
and reform your constitution. It has
never been surrendered by you; 1t
could not be taken away from you by
now to exercise a. seems best to you.
That right Ii solemnly stated In your
| present document. Your present
| document is unamendable by reason
OF it's conditions and the decision OF
| the supreme court.
"The changes are few. They are
| conservative in their character. When
| adopted by you, 1t will give all those
who have special views and ideas an
| opportunity to voice those views and
| to obtain, II they can. the consent OF
| the general assembly to the presen-
| tation Of those views by way Of
| amendment. for adoption or rejection
| by the people. So reasonable are
these changes that it has been claim
| ed that they are but amendments, and
that the people, therefore. must not
| vote upon them. l cannot with pro-
| priety discuss this legal question"
| . . q . = . . . . . = . . - .