Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-01-09
SOCIALIST ABYSS IS
VAWNING BEFORE
[ Representative
= GOVERNMENT
Without Progressive Legisla.
ton People May Open Cul.
de-sac, Warning of Govern.
or Marshall to Legislature.
NOT DISTURBING TO
GOVERNMENTAL SYSTEM
tD' LEASED Wire io Evening Herald ,

10Y iHasrd Nifc a. Evening gJcrnld. ,
indianapolis lnd. Jan. B.--"I'nlcss
Progressive legislation h. enacted the
p'oplc' some day VIII open up the
-dc'Sac even though thu opening
may lead representative government
"''i a pr'cipicc into pure soc ialism or
p'''rhtlisin said Govrrnur Marshall
~ ms message tu the Indiana leglslu
turo today.
Rcprcscntuti,e government does
not mean that present day conditions
IAN not bee rcmcdlcd Upon the con.
'r'p. progressive legislation may bc
enacted with 40 disturbance to tn,
'hccks and balances of our system Il
government
Tue last general assembly rccog.
ni2ing our unfortunate condition with
reference 10 the amendment OF tho
state constitution. ordered presented
Tor adoption Vt rejection by the prJ.
pl' ~ the election In 1919 q new con.
sttution An action was brought to
'niuin ana restrain the governor and
the other members uf the State Board
of Election commissioners and the sec.
rotary uf state from putting IN. qucs.
ton 81 adoption or rejection upon tho
ballot. The litigation resulted In a
permanent lniunstiOn by the Indian ma
fuprsm" court upSn divided opini0n.
three members OF the court b,inE IN
favor Of the injunction and two
against H.
with almost respect fur the maior-
tiY OF the supreme court. felt that
u had usurped the functions OF tho
legislative aud executive branches uc
government. that the sheriff OF the
court would have o rather Interesting
time IN getting possession of ms bod
and Furnishing me tor contempt. ana
thar such decisions gave greater i'm.
pctur 10 tho recall OF Judges end dc.
ciSiuns than al the opinions ~ mern
loymcn touching the usurpations of
the courts W. ! realized I might
by wrong
Though believing tina, It was max.
ing Of the supreme court tho only
hran'h of government, which ~ had
rtli I frlt that while ihore Vas
possibility of a judicial review. I
should not set myself up az o Judge
ana resist 10y force Of arms what ~
uo sss ana sncruachmcut ct the lu-
dietary upon my constitutional riShts.
.
personal Views tu result In auarrhv. I
believed that an ORDERLY procedure
with respect for the court. however
little respect { might hold tor rs
opinion was th, one for me to pursue.
I frlt assured that the supr me court
of IA" United States would not punish
m' tor trying tu be- "a laV-ah,ding cit
izru Cos refusing 60 decide tho great
questions involved m This controv 'rsF
upon the theory that thcy were tot
mdiCId but political iu their shdr-
attvT
9TH, question has not passed be
Nuud the W,r" domain ~ party pOli-
tics Tn, majority opinion leaves IN
stat" in doubt ta tu whether ~ can
even rsll e. constitutional convention.
ana a. 90 whether our fsthcra did not
for'rlosc upon postcriiy ts right ,u
alter and reform its system ct go
,ruiurut n also leaves involved q
Tar greater discrimination that cot the
right 81 IA, court 60, strip the lcgts.
laturc and JXccuti," of iholr sonsti.
tutiuItl riEhtH and 90 set Itself NJ
not e.. coordinate, hut az 1t ~
prcmc branch VI government.
In accordance with these NiCws, I
have sued uut q writ of error to tn
supreme court ct IA" United states
with confidence that that court will
assum, jurisdiction and decide TIM
questions involved and with CONT
dcucc that II 0ill not dismiss the case
aud tell me that if thought ! wa'
right should have totally disregard
"a the decision ct the supreme court,
dpticd It's authority. thrown It's shcr-
iff out of my window sallcd out the
militia to defend my position and sub
mitted tn question 90 the people re-
pnrdlc-s Of the court
Governor Mnrshulls message con