The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-04-27
whereas a majority is three.

New battle lines we're forming in
the Indianapolis political field today
as the result of the supreme court
decision Friday upholding the con-
stitutionality of the city manager
law.
Surrending to the inevitability of
the new form Of government, ap-
proved by an overwhelming ma
jority of the people. the politicians
are already laying plans to capture
the commission and manage the
manager.
Election of commissioners will be
Nov 5, and the manager government
will go into effect in January.
Primary Plans Abandoned
Plans for holding the regular
party primaries for municipal Of
fees on May have been complete
ly abandoned, Ira N. Holmes, Re
publican member of the city cleo
ton commission, announced.
Since two of the five court judges
failed to approve the conclusion OF
Chief JUSTICE Clarence R. Martin in
the laws constitutional
ity, it was intimated that new suits
might bring an additional point be-
fore he court for decision.
Holmes declared today that he
would not be disposed to do this
and that the decision settled mat
terS, he thought.
Major Points Upheld
Leading lawyers asserted that all
major points of constitutionality
were covered in the suit decided Fri
day and that the law is bound to
stand.
The point not covered, they point
ed out, is in regard to the five-day
provision for certif1cation of petit
tions of electors by the city clerk.
This was raised to fifteen days by
the amendment in the 1929 lesiSla-
ture and Indiana courts have held
that an amendment correcting such
a point makes the law hold, if no
other flaws are found. This would
eliminate any possibility of further
attack.
The decision Friday was in the
Evansville case, but the constitu-
tional questions involved r. are the
same as those in the New Albany
case. which is still pending. The
City case does not raise
questions of conStitutionality.
Mandate reversed
Judges Julius c. Travis, La Porte,
ciSion upholding the constitutional
ity, reversed the mandate of the
Vanderburgh circuit court ordering
Louis P. Sarlls, city clerk, to approve
a city manager petition on the
grounds that there was not sufficient
evidence to show that the clerk
knew the 1888 names on the petit
ton were those OF qualified electors.
The decision points out that the
clerk must verify each name, but IN
a footnote cites the fact that this
now is changed by the 1929 amend
mentS so that the names themselves
are prima facie evidence.
Judge Martin points out that the
constitutional question need not be
gone into in the mandate appeal,
bu that because of its present im-
portance decision would be made.
Parties Not Forbidden
He upholds the law. contending
it does not forbid the operation of
political parties, as follows:
The people have an inalienable
right to organize and operate po-
Iitical parties and the law in ques-
ton does not prohibit political
parties nor authorize interference
with them. Any political party may
indorSe, support and work for the
election of any candidate of its
choice. but no authority has been
noted which holds that a party can,
as an abstract right, require that
q designation of the candidates po-
litical sfiliation be placed upon the
ballot. in the absence of statutory
provision to that effect"
CHARLEY'S RESTAURANT open
for Sunday dinners, to p. NJ
4 - q