Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-08-02
AMENDMENTS
ROB PEOPLE OF
INJUNCTIONS
Continued From Page One,

people and given to me, and I shall not
vote to take 1t away from the people and
give IL to any other man.
THE tax amendment deals with one or
] the most important powers of Government
and fully to appreciate its far reaching
significance it is necessary to reflect
upon just the form and kind of govern
ment we ENJOY IN this country. Here the
powers of government, are set forth in
a written instrument, called a constitu-
ton. and they are guardedly expressed
and vested IN the different departments
. Of government, that is, the legislative,
executive and judicial.
PEOPLES RIGHTS
ARE GUARDED.
These departments are separate and
distinct and no one Of them can exercise
any Of the powers delegated by the peo
| pie to either Of the others. Nor can any
one Of these departments enlarge its own
powers. Each must function within the
/ sphere fixed by the people in the con
stitution. This is so, whether it be in
national or State affairs
But in England under an unwriiten
constitution, Parliament is supreme and
/ may modify even the English constitu-
I ton as often and In whatever respect 1t
/ may choose The constitution of England
I tomorrow may widely differ from what
the Constitution Of England is today, and
this may occur without the peoples being
consulted about it.
1--WE do not stand for that sort Of gov
eminent in this country. The people here
| have not only limited the power of their
! representatives by a written document,
but they have by the same instrument vol
UNFAIRLY prohibited themselves from the
use of the unlimited powers of govern
ment originally possessed by them and to
regain the right to exercise such powers
they mnst follow a definite method fixed
/ by themselves in the constitution. This
sublime scheme Of Government under a
written constitution in State and Nation,
has not been successfully followed in any
other country and it was the marvel of
the world. when it was launched by Amer
Ican statesmen a century and half ago
THE people have been liberal in the
bestowal of power upon their different
departments of Government. but they also
have been very Jealous Of the power
they have reserved in themselves, and TO
( guard sacredly this reserved power the
courts are given authority to declare
J unconstitutional a legislative or an ex-
ecutive act, that conflicts with the Con
stitutiOn. This right to strike down ju-
/! dicially a law that exceeds the linita-
tons Of the Constitution was first as
serted in this country, and it would be
difficult to point 10 a greater safeguard
for life, liberty and property than the
right Of the courts TO declare void an
unconstitutional act.
Now as we pause to contemplate and
revere this wonderful contribution of
American craftsmanship to free Govern
ment we find our sense Of security dis
tributed, when we turn to the suggestion
that the people should bestOw upon their
Legislature unlimited authority to pro
vide By law for a system of taxation"
INJUNCTION COULD
NOT BE USED.
Under thi5 proposal the Legislature
could enact any sort Of a system It de-
sired and fix rates to comport with its
own fancy. There would be no constitu-
tiOnaI restraint upon it and the writ of
injunction could not be invoked by an
outraged taxpar.
IF II be said that one aggrieved by a
tax imposed under this amendment may
Z seek injunctive relief under the four
teenth amendment of the Federal Consti
tuition, il is only necessary to point out
I that the Legislature by establishing n
: rule Of apportionment. so that a tax
would be uniform among those to whom
it applies, would render a Federal court
IOwerless to enjoin the collection Of such
I a tax. Besides Il has been declared to
he the law that IF no express cOnstitu-
tional Limitation exists, the rate Of taxa
ton, however great, is solely tor legisla
tive determination
The Legislature, under this proposed
amendment, will be authorized to classify