The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-09-25
Judge Remster, Democrat,
Rules General Assembly
Has No Power to Propose
New Constitution.
'APPEAL DECISION
TO SUPREME COURT
Reform Is Possible Through
Constitutional Convention,
Court Decides Election
Officers Enjoined.
(National News Association

INDIANAPOLIS, Sept, 25.-The leg.
islative act proposing the new social
ed TON Marshall' constitution,
drawn up by the last Indiana general
assembly for submission to a vote of
the people was today declared uncon-
stitutional by Judge Remster in the
Marion county circuit court. An ap-
peal to the supreme court will follow.
Judge Remster ruled the general as.
sembly does not possess the power to
propose a new state constitution, the
proper method being through a consti-
tutional convention. Secretary Of
State Lew Ellingham and election
commissioners are enjoined by Judge
Remster from submitting the proposed
constitution to vote Of the people.
The decision was made in the case
of John G. Dye against Secretary OF
State Ellingham and the state board of
election commissioners. Dye attacked
the legality of the new constitution.
Summarizing his findings Of the main
propositions of the case Judge Rem
ster says:
"All power originally is invested in
the people, in whom sovereignty re-
sides. The right to alter and reform
the government at all times Is the
peoples right, and is inviolable. The
people have divested themselves Of
all legislative powers and such as
has not been invested In the national
congress has been invested in the
general assembly.
Not a Legislative Power.
''The proposing of a constitution or
amendment to an existing one is not
legislative power, and Is not an exer-
else OF the legislative power vested in
the general assembly by the constitu-
ton. Power to propose a constitution
al amendment to the existing instru-
ment is not included in the general
trend Of legislative authority.
"The proposed constitution, as such,
is void from want of power in the gen.
eral assembly to propose the same.
The people by the constitution have
delegated to the general assembly the
power to propose the pacific amend
ments to the constitution and in the
delegation of the power, has prescrib-
ed the mode Of making such proposals
and submitting the same to the peo-
pie.
Not Political Question.
This prescribed mode is mandatory
upon the general assembly and exclud-
es the proposing of amendments by
such bodies or by any other modes.
The proposed constitution considered
as series of proposed amendments to
the existing constitution is void, be-
cause II Is not composed in the mode
Whether the proposing Of an entire
constitution by the general assembly
10 an exercise of legislative power un-
der the general grant OF legislative au-
thority, and whether amendments pro-
posed under the special delegation of
power have been proposed and sub
united by the constitution are judicial
tQuestions and not political questions" +"
Judge Remster is a Democrat and in
deciding against the proposed consti-
tuition he acted against the beliefs of
his personal and political friends He
declined to allow politics to enter into
the question. but considered it purely
from legal points view. 80.