The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-01-30
LEGALITY Of
M'NUTT PLAN
UNDER FIRE
Reorganization of States
Government May Face
Court SnagS.
LUTZ STUDYING BILL
Abridgment of Power of
Elective Officers Seen
as Unconstitutional.

With the Indiana house and sem
ate prepared to approve the bill pro-
viding revolutionary reorganization
Of the state government, it was
learned today that the efforts may
fail because Of possible unconstitu-
tionality Of the measure.
Philip Lutz Jr., attorney general,
whose office will become appointive
under the proposal, said the bill is
being studied, but no official opinion
will be given until the measure is
passed in both houses.
The bill was reported favorably
for passage today by house
Judiciary B committee. There were
no dissenting votes.
Great Power for Governor
Complete power of the executive
and administrative branches of the
state government would be placed
in the hands of Governor Paul
V. McNutt, under the bill. The
measure would give him authority
to handle all boards and commits
Sions.
1t would remove all power from
the elective Offices of secretary of
state, auditor, treasurer, and super
intendent of public instruction. Only
functions left to the heads of these
departments would be to act with
the Governor in a cabinet and to
appoint deputies of their own Selec-
ton.
Critics CT the bill point out that
since the Governor is elected only
every four years and the other cleo
tive offices are before the voters
every two years, dissatisfaction Of
voters with state affairs could not
be registered until the end of the
four-year period.
They also claim that with the
elective officers responsible to no
one except the electorate, McNutt
would be overstepping the constitu-
tional bounds of his office by in
reference.
Cite Court Decision
A court decision, pointed to by
critics, is one asserting that the Of
fees of secretary of state, auditor
and treasurer constitutionally are
elective and their duties can not
be transferred by legislative enact
ment, thus rendering the constitu-
tional provision that these admins
trative state officers should be
elected by the people a dead letter"
McNutt, however, came to the
office after years as dean of the In
diana university law school. He says
that many lawyers have found the
bill constitutional.
With almost unanimous backing
by Democratic legislators and
signed by the Governor, with or
without approval by the attorney
general, the constitutionality finally
would have to be passed upon by the
supreme court.
The court now consts of four
Democrats and one Republican.
Signing Expected Friday
Passage and signing Of the bill
is probable by Friday, when the
legislature will have ended half of
its session.
The Wright law repeal bill, which
was to have been handed down to-
day in the house for passage, will
not be offered until Tuesday, when
the beer control bill will be a spe-
clal order of business on second
reading. Effort to advance the beer
bill last week started fight on the
floor which resulted in the delay.
Opponents of the beer bill charge
1t places too much power in The
hands of an excise director and
would create brewery monopoly.
They want draught beer, which is
forbidden in the bill.
Wright law repeal will meet lit
tie opposition. Representative Her.
bert H. Evans Rep., Newcastle)
minority leader in the house, will ask
that protest against repeal be
placed on the house journal. He
takes the stand that repeal would
invade the inherent rights of the
people.