Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-01-07
SEVEN ACTS ON
STATUTE BOOKS
DECLARED VOID
Ex-COngressman Cites Errors
- Made at 1920 Session of
Assembly.
MISTAKES INEXCUSABLE

statuts books are void as a result or
the recent decision Of the Supreme Court,
according to W. D. Bynum, a local at
torney and an ex-Congressn1an. An IN
yestigation Of the acts cited by Mr.. By
mum indicates that their being declared
invalid probably viii require no very
great amount Of remedial legislation.
Mr.. Bynum's communication to the
Times setting out this circumstance fol-
lows:
In a recent issue of The Times no.
ticed some comments on the decision OF
the Supreme Court, holding the act pro
htbittng the trial OF divorce cases within
sixty days of the time Of the commence
ments Of the suits as unconstitutional
for the reason that 1t was amendatorJ
or an obsolete act
The act of 1913, sought to amend the
veet of 1873, which had been repealed IN
the revision of 1881. In view Of the fact
that q general revision Of the laws was
made in 1884, and the statute repubdshed
L. that year, it would seem that the mis-
take, In this instance, was so fragrant as
to indicate q carelessness or ignorance
upon the part of the lawyers in the Leg
tslature, that was inexcusable.
It Is a matter of serious concern tnat
greater care is not exercised in the en-
actment OF laws by our Legislature. AT
every regular session s large portion OF
the mem bersh1p OF the House Is without
legislative experience, and new set OF
officers and clerks-many without quail
hcationS-is chosen to perform the most
important work Of the session.
FREQUENT ERRORS
MADE IN 1918.
To show how frequently such errors,
as the one committed by the Legislature
OF 1913, are made, I cite the following as
made by the last General Assembly, IN
der decisions Of the supreme Court, are
unconstitutional and void:
Highway Law-The act OF March 10
1913, was amended by an act OF March
3, 1918 (act 1918, 2. 101, chapter sIl-
BY the act OF March 8, 1913, p. 6Z2, sec
hon3s 1t was sought to repeal seeII 9a
! Of the act Of March 10, 1913, but this
section having been amended by the act
Of March g. 1918, was no longer In force,
and the act OF 1919, purpordng to amend
it. is therefore void or a nulltty.
Vocational Characterization Id OF
the act of Feb. p. 1913 was amended
by an act Of March 8. 1917 (acts 1917,
6. $40, chapter 97). By section OF st me
act Of March IA, 1919 TACT 1919. P eOo9
the act of 1913: this section having been
amended by the act OF 1917. was no
longer In force and section Of the acs
Of March Il; 1919 is therefore sd FOiu anu
Tax Law 1919-By section 216 OF the
tax law Of 1919 Acts 1919, page S25l'
Section l Of the act Of March o, 1881,
amending Section 152 OF the act Oh
MATCH o.. 1871. WAS dLlCAuEA b---S
ton went into effect March II, 1917, 0y
reason Of the emergency section OF the
act, and by repeating section 0So re-
pealed all previous provisions in connlcs
with It, On March IA, 1919, Iacts , !SlS,
A.page eS7, chapter 1897 the Legislature
I se~ght to amend the act Of March ., ~
this act having been repealed by Secuoh
PIG and 33S Of the tax law OF 1919, was
10 longer In existence and the enort 10
amend it is, therefore, unconstitutional
ana void. Section PIG Of the tax law.
therefore, remains in force. Section Z0i
of the tax law Of 1919 (acts Of 1919, page
341), re-enacts section 1 OF the act OF
March 4, 1911, which amended sectoh
202 OF the act OF March 8, 1903; TINS
last act is revised in Section SSN OF
Burns Revised Statutes Of 1914. The
tax law Of 1919 went into effect March
IL, 1919, hence on that date section 2oI
took the place OF the act OF MaFch .,
1905, and the latter became oDsoiete
thereafter. The Legislature OF 1919 (acts
1919, page 1922 passed an act purporting
TO amend section 1 Of the act OF March
d, 1905, as amended by the act or Marcn
4, 1911, but the amendment OF the act
OF March 4, 1911, having been repealed
by sections 25T and 3SS Of the tax law
OF 1919. could not be amended, and the
act passed at the last session Of the
Legislature purporung to amend the
same is void and OF no effect.
Public Parks, Cities of the First and
Second Classes-Section IT OF an act
concerning the department Of public
parks in cities Of the first and second
Class approved March 6, 1911 (Revised
Statutes 1914, section 6T6Sl was amended
By section 81 Of the act Of March S, 1917
facts 1917, page 516), and had no vitality
thereafter. The last session OF the AS
sembly affected to amend the act Of
March 8, 1911, by an act which became
a. daw without the signature Of the Gov
kSrnor Chapter 205, acts 1919, page
= 1917 This act is void, as the act It pur-
ports to amend had no existence.
PARTS OF 1890
ACTS INVALID.
The following acts or parts of acts Of
the special session held last July, are
also invalid.
Drainage Petit1on-Act of July 81, 1920
(chapter s, pages 26-2T) amends section
s Of the act Of March II, 1919. An act Of
smended section Of the act Of March
II. 1907. which had been amended by
the act Of March II, 1919, and is there
fore unconstitutional While the last
act, in its title, omitted any reference to
the act Of 1918, In section 8, on page ia
facts July, 1920, It was declared un-
constitudonaD, and It and the act Of 1913
repealed. Now, while the enacting clause
Of the act Of July "a. 1920, was not
It made the act void or not, was a ju-
dicial question:; and the assertion Of
the Legislature that Il was Of doubtful
validity could have no effect The re-
peal OF the act OF March IL, 1918, and
the act of July 21, 1920, by section of
the act Of July q, 1920, entangles the
question In such confusion that moth
ing short Of a decision OF the Supreme
Court can clarity It. If it should be
held valid, section 8 Of the drainage law.
which Is most vital one, is invalid.
School Law-The act approved July n,
1870 tacts, session, 1920, page S5)
amends section of an act March Ii,
1901. This act had been amended by an
act which became law without the Gov
ernors approval in 1919 (sectton 4 acts
1919, page S41l, the act Of July p1, 1920.
is therefore invalid.
Motor Vehicle-The act OF July 20, 1920
(chapter IS, page IS, Of acts July, 1920
amends section ID Of an act Of March 10
1913. The act of 1918 was obsolete-hav,
ing been amended by an act of March IA.
1919 (sets 1913, page 700). The act OF
July 20, 1920 Is therefore invalid, The
amendment which it was sought to make
by this act provides that every CONNER
cial motor vehicle - constructed OF
which may be 50 loaded that the opera.
ton Is prevented from having a free and
unobstructed view Of the highway i'm
4 mediately to the rear and at the sides
&sf the same shall be equipped with a
mirror or reflector attached to and so
1ocated and adjusted on such vehicle as
q TO give the operator thereof clear re-
hected view OF the highway directly to
the rear on a line parallel to the side of
the body Of such motor vehicle"
Men of East and West