The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1924-02-08

SIOu OL IHe duUOmODlle Incense &C
Held Impossible Division
Explaining the legal reasons why
the motor license law could not be
sustained by itself, the court said:
1T is contended that even if the
act in question does contain two un-
related subjects, that the court may
determine that one Of those subjects
can stand and the other be held as
void, the contention being that the
part Of the act relating to motor We.
hIcles should be allowed to stand as
valid and the part relating to inherit
ance taxes be treated as void.
This is not permissible, for the
act, both in its act and in the title.
treats with two different subjects. An
act c such a character is absolutely
void because it Is in direct conflict
with the constitution.
Much as we dislike to hold the act
OF the legislature void we are clearly
of the opinion that this act violated
provision of the constitution that
is mandatory and We have no alterna-
tive.
The opinion was written by AS
soclate Judge Fred c. Cause, Of New.
castle. Associate Judges David A.
Meyers. Greensburg, Julius c. Gravis,
: a Porte, and Benjamin NJ. Willough-
by, Vtncennes, concurred.
Ewbank Dissents
A disser.t was made by Louis B.
Ewbank. Indianapolis, chief justice.
The decision was given in the appeal
of a decision in st. Joseph Superior
Court at South Bend, in which Judge
L. J. Dare declared that the act con-
tanned two separate subjects and, con-
sequently. was invalid. Upon a mo-
ton of the South Bend Motor Bus Co.
an answer to the complaint was struck
out by the court.
Motives Not in Question
Judge Cause. in his opinion, said:
I'VE are not authorized to pass upon
or question the motives which actu-
ated the Legislature in passing the
act, our concern being whether the
act as finally passed is or is not valid"
In the oral hearings last Friday At
tor General Lesh maintained that the
inheritance tax provision was related
to motor vehicles in the respect that
it was a revenue which formerly was
used by the highway department.
This IS the provision of the Con-
stitution of Indiana under which
the automobile license law was de-
clared invalid because Of the in
heritance tax rider:
Every act shall embrace but
one subject and matters properly
connected Herewith, which sub
Ject shall be expressed in the title.
But If any subject shall be en-
braced in an act which shall not
he nvpressed in the title, such an
act shall be void only as to so
much thereof as shall not be ex-
pressed in the title"
End of Program Seen
Earl Crawford. member Of the State
highway commission. said: This
means the end Of our road program"
The department has had three road
lettings for construction Of about 200
miles of State highways. Since the
increased license fees had been ex-
pected to bring into the State high
way fund double the amount Of last
year, 1t was pointed out, the result
may be that the 40Omile program is
cut In two.
Decision by the court marks the
final chapter of the fight against the
law which has continued since it's tur-
bulent passage by the Legislature on
March s.
Two bills were pending in the Legis-
Tature. the auto license bill and the
inheritance tax bill. The latter meas
ure provided that proceeds OF the
tax, which totaled $3,000,000 in 1922,
should go to the general fund instead
of the highway fund.
Bills ReSurrected
The inheritance tax bill, however,
met death, but was resurrected in the
form of a combined automobile license
inheritance tax bill which was passed,
despite violent protests of Democrats.
Representative Luke w. Duffey. Ma
rton County. introduced the measure
Jan. 80, 1923. The inheritance tax
measure was sponsored by Representa-
tive Elmer Waters, Tppecanoe Coun-
ty. on Feb. z.
The House refused to con9lr in
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