Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-08-03

the high officers who are, as we think.
charged with the duty Of certifying to
the public the fact that a statute has
been enacted by competent houses. HUI
man governments must repose confidence
in officers. 1t mHy be abused, and there
may be no remedy.
"Nor is there any great force in the
argument which seems TO be regarded as
Of weight by some American courts that
some important provisions of the con-
stitution would be a dead letter If In
curry may not be made by the courts
beyond the rolls. This argument over
looks the fact that legislators are sworn
TO support the constitution, or else 1t
assumes that they will willfully Violate
that oath. 1t is neither modest nor just
for judges thus to impeach the integrity
Of another department Of government,
and to claim that the judiciary only win
be faithful to its obligations '-(30 Ind.
526)
COURTS FUNCTION TO
PREVENT VIOI zTIONs.
Most learned Judge! And therefore be
Joined with the certifying officers In CIV
ing effect to a law that had been passed
in open and fragrant violation Of the con-
stitution-that the whole people knew to
have been so passed that had been
noted in the newspapers, with long de-
scriptions OF the debauch Of constitu-
tional violation at the close OF the ses-
sion. Wherein was the court any better
than the other human agencies" in
volved? This whole argument might
equally well be applied to laws that are
unconstitutional for any other reason.
Can a modest judge assume that legts-
Iators, sworn to support the constitution,
would pass unconstitutional laws? 1t is
the special function Of the courts to pre-
vent violations Of the constitution by the
other departments OF government, and
not to condene them.
In this case. the court went astray by
following English cases, apparently
ignorant Of the fact that Great Britain
has no written constitution, and that the
wiz Of Parliament is the supreme law.
But the courts are now almost fatally
handicapped by this abdication of their
function. To change this rule now would
invalidate "a large part-probably one
half-of all the statute law Of Indiana
Yet. If a single Governor, a single Lieu
tenant Governor, a single Speaker Of the
House, had the courage to announce at
the beginning OF a session that he would
not violate his official oath-that he
would not be a party to presenting any
bill to the Governor on the last two day
Of the sessiOn-that the third day before
the close would be the last day for
passing biIls-the disgraceful cutom
would be ended forever. And these Of
ficers are either lawyers or acting under
the advice Of lawyers
This violation Of the constitution is
not only disgraceful, but also extremely
injurious. 1t Is the direct cause Of more
mistakes and more frauds in legislation
than all other causes combined. 1t often
forces the Governor to sign bills that he
should veto. and desires to veto. because
there is no opportunity to return them
to the leglslators-this especially as TO
appropriation hills. IF the lawyers Of
the State continue to tolerate this abuse
they might as well quit talking about
lack Of respect for the court, or COM
planning that the masses think 1T Is the
smart lawyers that 90 the damage"