The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1913-01-09

changes. NO revision OF It's general
principles would be necessary and
the alterations which should be called
for by change of circumstances
would be limited and specific. 1t was,
therefore, the opinion Of the commit
tee that no provision for a revision
dent and the only question was in
what manner it should be provided
that particular amendments be OBJ
tanned 1t was a natural course and
cOnformable to analogy and precedent
in some degree that every proposition
for amendment should originate in
the legislature under certain guards
and be sent out to the people Deb,
Mass. Con. 1920, PIP. Alb, 414)
Zone thing is clearly disclosed by
the review given by the proceedings
of the convention on the subject and
that Is that it was the judgment of
that body that an easy and wholly
adequate method of making needed
changes in the constitution had been
provided. 1t is the rule that
where the means by which the power
granted shall be exercised or specified
no other or different means for the ex-
ercise of such power can be implied
even though considered more conve-
nient or effective than the means given
in the constitution; and the constitu-
ton gives special power to the leg
islature and provides the means of
exercising it to effect needed changes
in the organic law"
Gave Impetus to "RecaiI."
This last paragraph applies the doc
trine that the expression of one thing
is the exclusion of every other thing
to my mind. it has no application The
maximum applies to ordinary statutes
as rule of action given by a superior
to an inferior In constitution, d state
vests its sovereign powers in three
departments and then imposes by eX-
press provisions such restrictions On
the exercise of these powers as may
be desired
With utmost respect for the major
ity Of the supreme court, felt that it
had usurped the functions of the leg
islative and executive branches of gov
eminent; 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
touching the usurpatiCns of the courts.
Yet, | realize might be wrong.
Though believing that it was max
ing Of the supreme court the only
branch of government which we had,
still | felt that while there was a pos
sibilty of judicial review, I should
not set myself up as a judge and re
sist by force of arms what to me was
an encroachment of the judiciary up
on my constitutional rights. I was
wholly unwilling to permit my person
al views to result in anarchy. | be
lieved that an orderly procedure with
respect for the court, however little
respect I might hold for it's opinion
was the one for me to pursue. | felt
assured that the supreme court OF
the United States would not punish
me for trying to be a law-abiding citi-
zen by refusing to decide the great
questions involved in this controversy
upon the theory that they were not
judicial but political in their char
acter.
The question has now 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 fore
close upon posterity it's right to alter
and reform it's system of government
1t also leaves involved a far greater
Observation-Disclosures of the right of the
court to strap the legislature and exc
cutive of their constitutional rights
and to set itself up, not as a co-ordi-
nate, but as a supreme, branch Of gov
eminent.
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
question involved and with confidence
that it will not dismiss the case and
-
| should have totally disregarded the
decision of the supreme court. defied
its authority, thrown it's sheriff out
of my window. called out the militia
to defend my position and submitted
the question to the people regardless
of the court.
The States Finances.
The finances of the state are in ex
cellent condition. The levy of taxes
under this administration has been
one and one-half cents less than under
proceeding administrations; our sink
ing fund levy will, by January l. 1915,
pay the temporary loan bonds due
April l. and May l. 1915, amounting
to $500 and will leave In the sink
ing fund approximately 5000 600 This
balance may then be applied to the
payment of the Vincennes university
bonds, aggregating s120540 and matur-
ing in the year 1917, or it may be ap-
piled to the expenses incident to the
proposed celebration of the states CEN
tennial. II the Vincennes university
bonds are paid. then the only indebt-
edness Of the state will be $4,000
which it holds in trust for Purdue
university and which it cannot pay