Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-01-09
Present Conditions Must
Change, Says Indiana
Executive.
SOCIALISM IS GAMER
Cites Action of Supreme Court
of His State in Preventing
Constitution Vote.

Indianapolis, Ind, Jan. 9.-"Unless
progressive legislation is enacted, the
people, some day, will open up the
cul-de-sac even though the opening
may lead representative government
over a precipice into pure socialism
or a'ernalism." said Governor Mar
shall in his message 10 the Indiana
Legislature today.
Representative government does
not mean that prCsent-day conditions
cannot be remedied Upon the col-
-rary. progressive legislation may be
enacted with no disturbance to the
checks and balances of our system Of
government.
The last general assembly, recog.
niZing our unfortunate condition with
reference TO the amendment Of the
state constitution. ordered presented
FOR adoption or rejection by the peo-
pie at the election in 1912 a new con-
tuition. An action was brought 10
cnjoin and restrain the governor and
the other members Of the state board
OF e.ectiol commissioners and the
secretary OF state from putting he
question Of adoption or rejection upon
the ballot The litigation resulted in
n permanent injunction by the Indiana
supreme court upon a divided opinion,
three members OF the court being in
favor OF the injunction ald two
against II.
with utmost respect for the ma
that il had usurped the functions OF
the legislative and executive branches
OF government; that the sherfR OF the
court would have a rather interesting
time in getting possession Of my body
and punishing me for contempt; and
that such decisions gave greater impet-
us 90 the recall Of judges and decisions
than all the opinions OF mere laymen
touching the usurpations OF the courts.
Yet ! realized ] might be wrong.
BURIES Personal VIEWS.
Though believing that 1t was max
ing OF the supreme court the only
branch Of government which we had.
still / felt that while there was a
possibility OF a judicial review,
should not set myself up as a judge
and resist by force of arms what TO
me was an encroachment of the judi
Ciary upon my constitutional rights.
was wholly unwilling TO permit my
personal views to result in anarchy.
believed that an orderly procedure
with respect for the court however
little respect l might hold for its Opin
ion, was the one for me to pursue.
felt assured that the supreme court
Of the Uni.ed States would not punish
me for trying to be law-abiding citi
zen by refusing TO decide the great
questions involved in this controversy
upon the theory that they are not ju
dcial but political in their character
The question has not passed be
yond the mere domain of party poll
tics. The majority opinion leaves tht
state in doubt as TO whether il car
even call q constitutional convention
and as 70 whe her our fathers did no
foreclose upon posterity its right e
a.ter and reform its system of govern
ment. II also leaves involved a fai
greater determinaton-~hat Of tn,
right OF the court TO strip the legisla
ture and executive of their consitu
tional rights and 20 set itself up, no
as coordinate, but as a supreme brancl
OF government
In accordance with these views,
have sued out a writ Of error to tn,
supreme court OF the United Sta'e
with confidence that that court vii
assume Jurisdiction and decide III
questions involved and with conf
dence that II will not dismiss the cas-,
and tell me that IL / thought | wa
right. / should have totally disregard
ed the decision OF the supreme court
dehed its authority, thrown its sherii
out OF my window. called out the mil
tia 20 defend my position and submit
ted the question TO the people regard
less OF the court"
WARNS AGAINST LOBBYIST.
Governor Marshalrs message COZ
tanned a warning against the subtl
influences OF the lobbyist and recon
mended that all bills be reported ou
Of committees within four days. Cor
t.nuing Governor Marshall said:
You are today facing condition
Rld principles which II yielded to an
accepted, may result in a peacefI
revolution in the substance Of you
government do not contend tha
under the police power Of the state,
representative democracy has no al
thority with reference TO the lif
health and safety OF the individua
Upon the con -rary, ! insist that th
use Of this power is OF as much valu
C each individual citizeI as il is