Indianapolis Times, Indianapolis, Marion County, 27 June 1941 — Page 5
' "FRIDAY, JUNE 27, 1941
GOVERNOR
HOLDS
COMPLETE POWER
Gets State House Rule as ‘Decentralization’ Is Held lllegal. (Continued from Page One) the 75 per cent of State jobs which
n
adopted,
which the Legislature had ordered turned over to boards of trustees, two to be named by the Governor and two by the Lieutenant Gover-
or for each of the 21 institutions. In detailing the Governor's
power, Judge ¥ansler wrote:
“At the time our Constitution was it was settled by great
he offered in his 14-point compromise proposal during the Legisla-
ture.
weight of authority that the provisions granting the executive power and the admonition to take care that the laws are faithfully executed carried with them as a neces-
6. The Court charged that the G. O. P. Acts “seek to absorb and
sary and - essential power to appoint to office.
incident the Certain
Again the Best
U. S. MAY SEND RIFLES TO EIRE
Ammunition Barred Due to Delay in U. S. Production, F. D. R. Says.
(Continued from Page One)
be utterly impossible to send cartridges to Eire along with any rifles
|that might be dispatched.
No Definite Promise
Although actual production of rifles is progressing satisfactorily, he said, munitions production is
lagging, chiefly because plants had to be established before production
' THE INDIANAPOLIS TIMES
Today's War
south of the extensive Pripet Marshes. Communiques from both sides and other information indicate that the German thrust is toward Minsk, capital of White Russia, on the road which Napoleon took to Moscow. More than 5,000,000 men and 10,000 airplanes are engaged in the struggle. In manpower, the opposing armies are about equal, some 2,500,000 men on each side. In air strength, the Germans are reported to have 6000 planes against 4000 for the Russians. The German planes are probably more efficient, but the Russian Air Force has been giving a good account of itself and despite losses is still on the offensive, according to the latest communiques. Hitler's abject seemingly is to take
ce.
Las
oo
Moves
(Continued from Page One)
Stalin could end it, and that appears improbable. The assumption is that Stalin will resist as long as his armed forces hold out. In the regions where Hitler is attacking, he has favorable terrain for his type of mechanized warfare. Oh the other hand, he has great distances to traverse and the Russians have prepared hundreds of miles of defense in depth, which it takes time to penetrate. The Russian forces are well divided and there is no one central arm to be caught in a trap. The Russians, while perhaps not even comparable to the Germans in an offensive, are good defense fighters and should be gble to put up a long fight. Every day that they prolong it is a day gained for the British in their western air offensive
CURIOSITY BRINGS TEARS SALT LAKE CITY, Utah (U. P.).
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usurp functions which are nominally and generally understood to be the funetions of a governor and vest them in minor administrative - officers.” It ruled that the “Legislature has no right to usurp the
powers of appoiritment by election of State officers was reserved in the people, and discretion was lodged in the Legislature to create other offices not specifically mentioned in the Constitution and to determine that the officers should be elected
on a major scale could get under way. / Although Mr. Roosevelt directly hinted that rifles might be made available to Eire, he did not make any definite promises. He said only
Moscow and thus politically disrupt the Soviet Union. Militarily, his aim would Be to scatter and disorganize the Red Army, making subsequent operations a mere job of mepping up.
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powers of other departments.” The Supreme Court had this to say of the future setup: “The terms and tenures of all of the officers and employees of the various boards, commissions and agencies and offices to which. the new appointive boards set up by this statute (the big ripper) were given the appointive power are declared by the statute to be vacant upon the taking effect of the Act. Since the Act is unconstitutional and void, it does not take effect and the appointment of these commissions, officers and employees must
by the people. residue of the appointive power is vested in the Governor by investing him with general power.”
All the rest and
executive
The opinion pointed out that the
theory that administrative officers can be delegated authority to make ahy appointments would imply that the drafters of the Constitution meant “equally with the Governor. would nullify the Governor's inherent executive power.”
officials This
to rank these
In over-ruling the ‘appointing
Bureau Wins Trophy for 2d Straight Year.
The Indianapolis Better Business Bureau has been awarded for the second consecutive year the trophy for the best public relations program of any Bureau in the United States, it was announced today. The trophy was presented to T. M. Overly, local manager, at the
that he is investigating the possibility that rifles could be sent, and permitted his statement to go no further. Mr. Roosevelt explored the question of aid to Eire last Wednesday in a conference with Senators James Mead (D. N. Y.) and Joseph C. O'Mahoney (D. Wpyo.), House Majority Leader John McCormick (D. Mass.) and Rep. Eugene Keogh (D. N.-Y.). At that conference, he also reviewed his offer to “charter two vessels to transport food. to Eire, and to start the food move-
Hitler's comparatively perfunctory operations in the south, between the Prut and Dneister Rivers in Bessarabia, suggests that he may be allowing the Russians to hold their positions there for a future trap. Encirclement is the favorite tactic of the German High Command. If the drive in the center succeeds, the German forces then could sweep southward beyond Kiev and have the southern Russian forces caught like fish in a net. If Hitler's plans are on the grand roole suggested, and if the Russian
LIFE FOR SLAYING
CHICAGO, June 27 (U. P)— Judge Julius H. Miner today sentenced William M. Evans, 25, to life imprisonment for the slaying of his mother-in-law and 2-year-old son, and-to 1 to 14 years for stabbing his wife, Nedra, “America’s most beautiftil brunet model.” Evans had pleaded guilty to a charge of murdering Mrs. William H. Sanders, his mother-in-law, last March 22. He also was charged with killing his baby, Douglas, and
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2 Vessels Chartered
At the press conference today, the President said he understood that Eire has completed arrangements for the charter of the two vessels, and additionally has chartered a .Jugoslavian ship, providing a flo-
was assaulting with .intent to kill his estranged wife during an argument at the Sanders home.
convention of the National Associa- A, tion of Better Business Bureaus in Felephony Los Angeles this week. Competition in the contest was keen inasmuch as the Bureaus in 76 cities were eligible to compete.
The contestants were required to submit four exhibits which covered
provisions of the Attorney General Act, which would have abolished the office and provided for the hiring of an interim attorney for the State by a G. O. P.-dominated board, the Court repeated its contention that all appointing power rests in the Governor. It also denied the Legislature’s contention that the interim attorney would be
Ariny does not crack sooner than expected, the campaign should be a long one. Only a compromise by
be considered to rest wherever it was theretofore placed by constitutional enactments of the Legislators. If there are no such constitutional provisions for appointment and the offices become vacant, the appointment to fill the vacancies may be made by the Governor under Section 18 of Article 5 of the Constitution.” (This gives the Governor
pire Bus ALABAMA AT VERMONT ST. 000
only’ an “employee,” saying that the
the power .to fill all vacancies). * The dissenting opinion in the case was written by Judge Frank N. Richman, lone Republican member, who said that “I can find no decision which sustains the contention that appointing power resides in the Governor.”
Based on Constitution
He started his 25-page opinion with the statement that “by this dissent, I express no approval of the governmental policy of the statutes in question. . . . My only concern i$ the purely legal question of validity under the Constitution.” And he concluded that in his opinion, the statutes are constitutional. The majority opinion was written by Chief Justice Michael L. Fansler of Logansport, with Judges H. Nathan Swaim of Indianapolis, Curtis G. Shake of Vincennes and Curtis W. Roll: of Kokomo, concurring. One of the first questions raised by the decision was the status of Arch N. Bobbitt, the G. O. P. State chairman who directed tHe outlawed program through the Legislature. He has been under fire from party workers since the State patronage was tied up by a Democratic injunction late in March. It has been reported that a Supreme Court setback would result in his early removal.
m
to
m
in to
m
re
. , = Tag Divisipn Involved
Still another large question mark was the Auto License Division, wnich Secretary of Stales James Tucker has indicated that he will take over from the Democrats under a 1937 law still on the books. Mr. Tucker already has appointed a deputy in charge. What effect the opinion will have on his patronage _ plans still is undetermined. Throughout the lengthy opinion, the court repeatedly warned the Legislature against overstepping its powers. It said: “The ’* Legislature did not enact the Constitution and a legislative interpretation as to how the Consti- - tution is to operate is of little value in determining the intention of the draftees of the Constitution, especially where the legislation interpreted involves the usurpation of powers which the Constitution vests in In Ser departments of govern-
to
The opinion also gave “no Ssupport to the views that the Legislature may delegate executive power to a board dominated by ministerial officers.”
Blow fo Seems Governor
Of the Lieutenant Governor, the opinion said: “The principal reason for creating the office of Lieutenant Governor was to provide a substitute for the Governor’s office in case of death, resignation or inability to discharge the duties of office. We must conclude from this that it was not intended that he should exercise any of the functions of the Governor's office except in such a contingency. No executive powers are otherwise conferred on him. He - is not the Governor and clearly was not intended to have power equal to the powers of the Governor. And there is nothing in the Constitution to indicate that he was to , exercise any executive powers or function whatever except in the
SoBngoncy ther blow to the Lieutenant]. ~@overnor’s power was seen in this statement: “The Legislature does net have I» --general authority over the property of thé State and that it has such general authority has never elsewhere been asserted to our knowledge. Management’ of State property 18 an executive function. The| General Assembly may legislate concerning the State property; the courts may adjudicate concerning it, but the Governor, vested with executive power, must manage State property.” 4 Other Control Seen
This, some observers said, may return control over the State Fair Grounds, turned over to the Lieutenant Governor by the Assembly, to the Governor. It also may enable E Governor to retain full
control over the Btate institutions,
I: k Pain and
w! ks, worry, colds an id ane 2 i! alr a
wor Be
§ = Hi HE don oi a buch
out iY py ng, ie 2 Fi 3 St
offi
on March Schricker filed three suits attack-
duties of the office required that he be an officer.
Concerning the Board of Educa-
tion Act, the Court said:
“The statute involving the State
Board of Education is unconstitutional in so far as it seeks to place the appointing power upon the Lieutenant Governor. pointive power conferred upon the Governor.
Some apis there directly He ay exercise full power to appoint
the entire board upon the theory that with respect to those in which the statute does not authorize him
appoint, there is a vacancy in ce.”
Ends Long Litigation The decision winds up three
onths of litigation which started 19, when Governor
g the constitutionality of the Atrmey General, “decentralization,”
and Education Board measures.
On March 31, Marion - Circuit
Court Judge Earl R. Cox granted an
injunction blocking appointents under the new laws. Republican attorneys attempted peatedly to break the injunction
and then appealed the order to the Supreme Court. appeal, Cox's decision on the injunction and declared the laws unconstitutional.
In ruling on the . the Court upheld Judge
It is expected that the three
delcaratory judgment suits filed by Governor Schricker, now in Hamil-
n Circuit Court on a change of
venue obtained by G. O. P. attorneys,- will be dismissed.
their best bureau bulletin; their best piece of promotional literature or selling idea; the best individual piece of publicity and their best radie broadcast. The Indianapolis Bureau submitted an entry in which the exhibits were based upcn the results achieved rather than the mechanical or typographical perfection.
BANK RESERVE CUT 1 MILLION
State Board Officials Say 4 Million Is Enough Protection.
The State Board for Depositories today cut from $5,000,000 to $4,000,000 the state reserve fund which must be maintained by banks as a protection for public funds in their possession. Board officials said they believed this was all the money needed to
be kept in the reserve fund, ‘and the board redistributed $451,646 surplus in the fund to the 521 state banks which participate. The banks pay one-half of 1 per cent each month on their
tilla of threer merchantmen to transport food and any other materials which may be procured in this country and shipped abroad after export licenses are obtained. But he said he did not believe that any of the three vessels actually has sailed. Mr. Roosevelt.declined to amplify his pledge to extend all possible American aid to .Russia in her struggle against Nazi Germany. yet, he said, he has not the slightest idea as’to what specific aid could or would be dispatched to the embattled Soviet armies.
Waist Russian Report
He disclosed, however, that he expects to receive a complete report later in the day from Acting Secretary of State Sumner Welles by long distance telephone from Washington. Mr. Welles conferred at length yesterday with Constantine A. Oumansky, Soviet Ambassador to the Untied tSates. The President refused to discuss a charge made by Communist circles in this country that his aid to Russia will be only “half-hearted.” He told the newspapermen who called this assertion to his attention that the reporter himself could answer that one. Although disclosing a critical delay- in munitions production, Mr. Roosevelt indicated that the overall defense production picture is not disrouraging. He said he is entirely satisfied with some phases of the defense picture dissatisfied with
minimum deposits into the fund.
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