Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-01-09
Exseut've = Indian. selieytd supreme
Court Had usurped Funetions Of
lssisIativs and Executive Branches
81 oevsrnmsnt - Nc Govern submits
Msssass to Wisconsin Legislature.

Governor MarshalPs Message.
Unless progressive legislation is en-
acted. the; people, some day. will open
up the l-de sac even tho the opening
may lead representative government
over precipice into pure socialism or
paternaiisn." said Governor Marshall
in his message to the Indiana legis-
lature today.
.Representative government does no:
mean that present-day conditions can
NOT be remedied. Upon the contrary.
progressive legislation may be enacted
with no disturbance to the checks and
balances Of our system of government.
The last general assembly recogniz-
ing our unfortunate condition with
reference to the amendment Of the
state constitution, ordered presented for
adoption or rejection by the people at
the election In 1912 . new constitu
ton. An action was brought to enjoin
and restrain the governor and the other
members of thu. state board OF election
nuQtssloners and the secretary, Of
sstate from, putting the question Of
The litigation resulted in q permanent
: Induction ~ the Indiana supreme
court upon = divided opinion. three
!. !. n,eliibers Of the court being-in favor Of
& the injunction and two against It.
ceur< Usurps Functions.
with utmost respect for the major
ity of the supreme court, felt that 1t
had usurped the functions Of the legis-
lative and executive branches Of gov
ernment: that the sheriff OF the court
would have . rather interesting time in
getting possession Of my body and
Furnishing me for contempt; and that
such decisions gave greater impetus to
the recall Of judges and decisions than
all the opinions Of mere laymen touch-
ing the usurpations Of the courts Yet.
/ realized might be wrong.
Tho believing that it was making Of
the supreme court the only branch Of
goternment which we had. still I felt
that while there was possibility of a
judicial review, should not set myself
up as Judge and resist by force of
arms what to me was an encroachment
Of the judiciary upon my constitutional
rights. was wholly unwilling to per-
NIT my personal views to result in
anarchy. believed that an orderly
procedure with respect for the court,
however little respect might hold for
its opinion, was the one for me to pur.
sue. felt assured that the supreme
punish me for trying to be law-abid-
ing citizen by refusing to decide the
great queations involved in this con- ;
upon the theory that they were
not judicial but political in their char
acter.
Court Alters Governmental System. I
.'The question has not passed beyond q
the mere domain Of party politics. The a
majority ap;nion leaves the state in Il
doubt az 20 whether 1t can even cali n
a constitutional convention, and as ta q
whether our fathers did not foreclose
upon posterity its right to alter ana v
reform its system Of government. I, a
also leaves involved a far greater de- I,
Of the right of the Is
court to strip the Legislature and exc O
cutive Of their constitutional rights and
10 set itself up. not as a coordinate. Al
but - q supreme branch Of govern tc
ment. - I. 1s I.
IN acceptance with these Views. I IN
,ava a,,Ad mt a writ of error to the -,