Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1913-01-10

progressive Legislation is enacted
the people some day, will open up
the culde-sac even though the open
ing may lead representative govern
ment over a precipice into pure so.
cialism or paternalism," said Cover
nor Marshall in his message to the
Indiana legislature today.
Representative government does
not mean that present-day condi-
tons cannot be remedied. Upon the
contrary progressive legislation may
be enacted with no disturbance to
the checks and balances of our sys
TEN Of government
The last general assembly recog-
nizing our unfortunate condition
with reference 10 the amendment of
the state constitution, ordered pre-
sented 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 com
missioners and the secretary Of state
from putting the question Of adop
ton or rejection upon the ballot.
The litigation resulted in perma.
nent Injunction by the Indiana SUI
preme court upon divided opinion.
three members Of the court being in
favor Of the injunction and two
against it,
With utmost respect for the ma
Jority Of the supreme court, | felt
that It had usurped the functions Of
the legislative and executive brane1es
OF 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
have greater impetus to the recall
OF judges and decisions than all the
opinions of mere laymen touching
The usurpations of the courts. Yet,
realized | might be wrong.
Though believing that it was
making of the supreme court the
only branch of government which
we had, still | felt that while there
was possibility Of a judicial re-
view, | should not set myself up as
judge and resist by force of arms
what 10 me was an encroachment of
the judiciary upon my constitutional
rights, was wholly unwilling to
permit my personal views to result
IN anarchy. | believed that an or
DERBY procedure with respect for the
court, however little respect | 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 try
ing to be a law-abiding citizen by re
tusing to decide the great questions
involved IN this controversy upon the
theory that they We're not judicial
but political in this character.
The question has not passed be-
You'd the mere domain of party poll.
tics The majority opinion leaves
the state in doubt as to whether il
can even call a constitutional con
Fehtion, and as to whether our faith
ers did not foreclose upon poster
lty its right to alter and reform
Its system of government. 1t also
leaves involved a far greater deter
mination-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 Co
ordigate, but as a supreme branch
of government.
In accordance with these views.
have sued out a writ of error to
the supreme court of the United
States with confidence that that
court viii assume jurisdiction and
decide the questions involved with
confidence that it will not dismiss
the case and tell me that if
thought | was right, l should have
totally disregarded the decision of
the supreme court, defied its au.
thority thrown its sheriff out of my
window, called out the militia to de.
TEND my position and submitted the
question to the people regardless
Of the court"
Governor Marshall's message con
tanned a warning against the subtle
influences Of the lobbyist" and rec.
commended that all bills be reported
out of committees within four days
Continuing Governor Marshall said
You are today facing conditions
and principles which, If yielded to
and accepted, may result in a
peaceful revolution in the substance
of your government. | do not con.
tend that under the police power of
the state, a representative democ.
racy has no authority with reference
to the life, health and safety of the
individual. Upon the contrary | in
slst that the use of this power is