Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-09
PLEA FOR PROGRESS.
Gov. Marshall Urges Up-to-
Date Legislation.
MESSAGE TO ASSEMBLY
Warns Against Subtle Influences Of
the Lobbyist.
WILL BE IMPORTANT SESSION
Democrats Have an Overwhelming
ACKNOWLEDGEMENTS of Raj
ston January 13.
WILL BE IMPORTANT SESSION

INDIANAPOLIS. Ind. January 3
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
precpice into pure socialism or paternal
ism," said Gov. Marshall in his message
to the Indiana legislature today.
Representative government does not
mean that present-day conditions cannot
be remedied. Upon the contrary, progress
sive legislation may be enacted with no
disturbance to the checks and balances Of
our system Of government.
The last general assembly, recognize
ing our unfortunate condition with refer
ence to the amendment of the state con-
stitution. ordered presented for adoption
or rejection by the people at the election
in 1912 a 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 SUI
preme court upon a divided opinion, three
members of the court being in favor of
the injunction and two against it,
Calls It Usurpation.
with utmost respect for the majority
of the supreme court. l felt that it had
usurped the functions of the legislative
and executive branches of government;
that the sheriff of the court would have
rather interesting time in getting pos
session 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 touching the usurpations
o fthe courts. Yet realized l might be
wrong.
Though believing that it was making
of the supreme court the only branch OF
government which We had, still l felt
that while there was a possibility of
judicial review. I 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 permit my
personal views to result in anarchy. L
believed that an orderly procedure with
respect for the court, however little re-
spect / might hold for its opinion. was
the one for me to pursue. l felt assured
that the Supreme Court of the United
States would not punish me for trying
to be a law-abiding citizen by refusing
to decide the great questions involved in
this controversy upon the theory that
they were not Judlclal, Out pohticdi' III
their character.
1.-The question has not passed beyond
the mere domain of party politics. The
majority opinion leaves the state In doubt
as to whether 1t can even call a constl-
tutiona1 convention and as to whether
our fathers did not foreclOse upon pos
terity it's right to alter and reform its
system of government. 1t also leaves IN
volved far greater observation-disclosures
of the right Of the court to strip the leg
islature and executive of their constitu
tional rights and to set itself up not as
a coordinate. but as a supreme branch
of government.