The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-01-09
With Progressive Legislation
as Only Salvation Says
Governor Marshall

INDIAHSAPoLIs, Ind, jan -
Unless progressive legisIatida Is en-
acted, the people some day,wiI open
up the cul-de-sac even though the
opening may lead Representative
government over precipice into
lpure socialism or paternalism, said
Governor Marshall n his message to
the Indiana legislature today.
Representative government does
not mean that present-day condi-
lions c;sa not be remedied. Upon the
contrary, progressive legislation may
be enacted with no disturbance to
the checks and balances o four sys-
TEN of government.
The last general assembly, recog-
'ntzing our unfortunate condition
with reference to the amendment OF
the state constitution, ordered pre-
scented 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 other members of the
state board OF election commits
sioners and the secretary of state
from putting the question of adop-
ton or rejection upon the ballot.
The litigation resulted in perma-
fnent injunction By the tadiana sti.
preme court upon a divided opinion,
three members of the court being in
favor OF the Injunction and two
against it. fs.st ,.,
with utmost respect for the ma
jorlty of the supreme court, 1 felt
that it had usurped the fanctfons OF
the legislative and executive branches
OF the government; that the sheriff
of the court would have a rather in
teresting 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
opinioas OF mere laymen touching
the usurpations of the courts. Yet,
III realized l might be wrong.
Though believing that 1t was
making of the supreme court the
only branch of government which
We had, still i felt that while there
was a possibility of a judicial re
view, should not set myself up as
Judge end resist by force of arms
what to me was an encroachment OF
the Judiciary upon my constitutional
rights and l was wholly unwilling to
permit my personal views to result
in anarchy. I believed that an or
lderly procedure with respect for the
court, however little respect / might
hold for its opinion, was the one for
me to pursue. felt assured that
the supreme court of the United
States would not punish me for try
fng to be law-abiding citizen by re-
fusing to decide the great questions
involved in this controversy upon
the theory that they were not ju-
dicial but political in their charec-
ter.
"The question has not passed be-
yond the mere domain Of party poll
tics. The majority opinion leaves
the state in doubt as to whether it
can call constitutional convention,
and as to whether our fathers did
not foreclose. upon posterity its
right to alter and reform its system
of government. 1t also leaves in
volved far greater determination
4-that of tho right of the court to
strip the legislature and ex-
ecutfve their constitutional
rights and to set Itself up, not as a
coordinate, but as a supreme branch
of government.
I'm accordance with these views,
/ have sued out writ Of error to
the supreme court OF the United
States with confidence that that
court will assume jurisdiction and
decide the question iavolved and
with confidence that it Will not dis
miss the case and tell me that If
thought l was right, should have
totally disregarded the decision OF
the supreme court, defed its author
Iity, thrown its sheriff out of my
window, called out the militia to de-
fend my position and submitted the
question to the people regardless Of
the court"
Governor Marshall's message, con-
tanned a warning against the sub
tie influences, of the lobbyist" and
recommended that all bills be re
ported out OF committees within
four days. Continuing Governor
Marshall said:
You are today facing conditions
and principles which if yielded to
ami accepted. may result in peace
full. revolution in the substance OF
y