Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-01-12

1t has been proposed by Gov Good
rich. who has been sore beset 6y the
women of Indiana, who are insisting that
he call a special session of the legisla-
ture to ratify the federal suffrage amend
ment. that the legislature meet, suspend
its rules, pass the ratification bill and
adjourn without transacting any other
business.
COURTS ACTION
ERECTs BARRIER.
This bill will. In accordance with the
constitution, have to be presented to the
governor for his approval or his veto. If
the general assembly passes this bill and
adjourns on the same day 1t VIII be i'm
possible to present this bill to the gov
ernor two days next previous to the
final adjournment"
Procedure, such as Is proposed by
Goodric hand urged by the Franchise
League of Indiana, viii not necessarily
inyalidate the passage of the ratification
bill. The courts, by persistently refus-
ing to enter into a review Of the manner
in which bills are enacted by the gen
eral assembly, have erected a barrier to
a proceeding having for its purpose the
overthrow OF laws which have thus failed
Of enactment in accordance with the con-
stitutional provisions.
PROCEDURE GENERALLY
HAS BEEN WINKED AT.
But no court Of this state has ever
decreed that this failure to comply
with the requirements Of the consti-
tuition is either morally or legally
justifable
In fact, the courts Of this state
have, in their decisions to the effect
that bills so passed are valid. dis
tinctly admitted that the constitu-
ko5 41Tr I'm
piled that the presiding officers of the
house and the senate have failed. in
such instances. to protect the public
against improper conduct on the part
of the legislature.
For many years It has been customary
for the legislature of Indiana to pass
bills up to the final moment Of adjourn
ment. These bills have been sent to the
governor regardless Of the provision that
mo bill shall be presented to the gov
ernor within two days next previous to
the hnal adjournment" Condoning this
violation of the plain mandate Of the
constitution, governors generally have
elected to exercise a privilege" to re-
ceive such Of these Illegally presented
bills as they desired and refused to
receive others. Having so received these
bills, presented in contravention OF the
constitution, the governos may either
sign them, veto them, or allow them TO
become laws without his approval by the
mere process OF falling to send them
to the secretary Of state with his OBJ
jecuons thereto within five days after
the adjournment o. the general assembly.
GOVERNOR MAKES
NO EXPLANATION.
A bill so presented to, and received by.
the governor thus becomes a statute OF
the state for the reason that the courts
have declared 1t contrary to public well
fare to inquire into the methods by
which the statutes were enacted by the
legislature. The courts OF Indiana have
declared they can not look beyond the
enrolled acts of the legislature to see
that a bill was presented to the governor
within the time fixed by the constitution.
Therefore, taking advantage of this
barrier raised by the courts 70 protect
the statutes which the legislature has at
tempted to enact, Gov. Goodrich pro-
poses that the members Of the general
assembly, by agreement with him, vio-
lates the express provisions Of the con-
stitution of Indiana and ratify the suf-
frage resolution in a manner that is q
plain violation Of the constitution.
The governor advances no reason what
ever for the immediate adjournment OF
Lne general assembly d1ter Ine passage
Of the ratification. He admits that there
are matters of grave Importance pending
in Indiana requiring legislative action.
He promises to call another session later
in the year to attend to these matters.
But today he insists that, as the price
of suffrage ratification, which he has
promised the women, they must assist
him IN gagging the legislature in a man
ner contrary to the constitution and for
a reason which he has not and willsnot
make public.