The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-01-09
COURT
Of INDIANA
IS SCORED
Has Usurped Supreme Power
Of the State
Vice President Elects Message
as Governor
Many Sensational Disclosures
and Charges Made

indianapolis, Ind, Jan. 9.-"Unless
progressive legislation is enacted, the
people, some day, viii open up the
cul-de-sac even though the opening
may lead representative government
over precipice into pure socialism or
paternalism," said Governor Marshall
In his message TO the Indiana legts-
lature today
Representative government does
not. mean that present-day conditions
cannot be remedied. Upon the con-
trary, progressive legislation may be
enacted with no disturbance 10 the
checks and balances of our system OF
government
The last general assembly recog-
nizing our unfortunate condition with
reference TO the amendment OF the
state constitution, ordered presented
Tor adoption or rejection by the people
at the election OF 1912 new con-
stitution. An action was brought 10
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 uu-y
on the ballot. The legislation resulted
in permanent injunction by the
Indiana supreme court upon a divided
opinion, three members of the court
being In favor of the injunction and
two against it,
With utmost respect for the
majority OF the supreme court felf
that IT had usurped the functions al
the legislature and executive branches
OF government: that the sheriff OF the
court would have rather interesting
time IN getting possession of my body
and Furnishing me for contempt. anu
that such decisions gave greater
impetus to the recall of. judges and
decisions than all the opinions CG
mere laymen touching the usurpations
be wrong.
Though believing that It was maxi
ing of the supreme court the only
branch Of government which we had.
still felt that while there was a pos
sibility of judicial review. / should
not set myself up as a Judge and re-
sist by force OF arms what TO me was
an encroachment Of the judiciary upon
my constitutional rights. i was who'll
iy unwilling to permit my personal
views TO result in anarchy. I believed
than an orderly procedure with respect
for the court, however little respect
might hold for its opinion, was the ons
Tor me to pursue, felt assured that
the supreme court Of the United States
y
a law abiding citizen by refusing e. de-
eide the great questions involved i'm
this controversy upon the theory that
they were not judicial but political in
their character.
The question has not passed beyond
the mere domain ~ party polities Tha
majority opinion leaves the state iJ1
doubt as to whether 1t can even call
a constitutional convention. and as 10
whether our fathers did not forecIose
upon posterity its right To alter aud
reform its system of government Is
also leaves involved a far greater de-
termination---that OF the right OF the
court to strip the legislature and axe
cutive of their constitutional rights
and to set itself up, not as co-ordIn-
ate, but as supreme branch of gov
ernment.
'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 witt
assume Jurisdiction and decide the
questions involved and with confidence
that ii will not dismiss the case and
tell me that III thought was right
II should have totally aisregarded the
decision OF the supreme court, dehed
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"
Governor Marshalrs message con
tained a warning against the subtle
influences of the lobbyist and recon
mended that all bills be reported out
OF committees within four days. Con-
tinuing, Governor Marshall said:
"Yo1 are today facing conditions
and principles which If yielded to and
accepted, may result in a peaceful
revolution in the substance or youw
government do not contend that
under the police power OF the state,
representative democracy has no
authority with reference to the life,
health and safety Of the individual.
Upon the contrary. insist that the
use Of this power Is Of as much value
10 each individual citizen as II Ii 10
a majority OF the citizens. what ne
should clearly understand and con
Continued on Pace six.