El Paso herald. (El Paso, Tex.) 1901-1931, 1913-01-09
MARSHALL URGES
PROGRESSIVE LAWS
SAYS Socialism Threatens,
Unless Progressive Legis-
latiOn Is Enacted.

! Indianapolis, Ind, Jan. 9.-"Unless
/ progressive legislation is enacted, the
J people, some day. viii open up the cul
/ de-sac, even though the opening may
/ lead representative government Ovel
4 d precipice into pure socialism or pa
/ ternalism,' said governor Marshall in
/ his message to the Indiana legislature
/ today.
! Representative government does
not mean that present day conditions
/ cannot 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, recog-
nizing our unfortunate condition with
reference to the amendment of the state
constitution ordered presented for
adoption or rejection by the people al
the election in 1912 new constitution.
An action was brought to enjOin and
restrain the governor and the other
members of the state board of election
commissioners and the secretary of
state from putting the question of
adoption or rejection upon the ballot.
The litigation resulted in a permanent
Injunction by the Indiana supreme
members of the court being in favor OF
the injunction and two against it.
with utmost respect for the MAORI
ty of the supreme court, I felt that it
had USurped the functions of the legis-
lative and executive branches of gov
eminent; that the sheriff of the court
would have a rather Interesting time IN
getting possession of my body and pun
ishiuS me for contempt; and that such
decisions gave greater impetus to the
recall of judges and decisions than all
the opinions OF mere laymen touching
the usurpations of the courts. Yet, I
realized I might be wrong.
Though believing that it was max
ing Of the supreme court the only
branch of government which we had,
still 1 felt that while there was a pos
sibiIity of a judicial review, / should
not set myself Up as a judge and resist
by force OF arms what to me was an
entertainment of the judiciary 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 might
hold for It's opinion, was the one Tor
me to pursue. I felt assured that the
supreme court Of the United States
would not punish me for trying TO be
law-abiding citizen by refusing to de-
eide the great question involved IN
this controversy upon the theory that
they are not judicial but political in
their character.
The question has NOT passed beyond
the mere domain OF party politics. The
majority opinion leaves the state in
doubt as to whether it can even call a
constitutional convention, and as to
whether our fathers did not fOreclose
upon pOSterity its right to alter and re-
form its system of government 1t
also leaves involved a far greater de-
terminatiOn-that of the right OF the
court to strip the legislature and ex-
ecutive of their constitutional rights
and to set itself up not as a coordinate
but as a supreme branch of govern
ment.
in accordance with these views I
have sued out a writ of error to the
supreme court Of the United States with
confidence that that court will assume
jurisdiction and decide the questions
will not dismiss the case and tell me
that if I thought I was right, I should
have totally disregarded the decision
of the supreme court, defied its au-
thority, thrown its sheriff out of my
called out the militia to de-
fend my position and submitted the
question to the people regardless Of
the court
Governor MarshalTs message con-
tanned a warning against the subtle
of the lobbyist" and rec
commended that all bills be reported
out of committees within four days.
Gov. Marshall suggests among other
things an inheritance tax law, legisla-
ton to prohibit stock watering and to
protect unWary against investing their
money in that which is not property,
0ut mere promise in schemes which are
ordinarily known to the business world
IS blue sky" immediate enactment
II a workman's compulsory compensa-
ion act; anti-lOan shark legislation:
strengthening of laws against sale and
Use of cocaine and opium; revocation OF
liquor licenses upon third conviction Of
heir holders; ratification of proposed
amendment for popular election Of SEN