Jasper County Democrat, Volume 15, Number 28, Rensselaer, Jasper County, 10 July 1912 — HOLD ACT IS INVALID. [ARTICLE]

HOLD ACT IS INVALID.

Supreme Court Knocks Out “New Constitution’’ Law. The supreme court last Friday declared the ‘‘new constitution act’ invalid, and the voters of Indiana will not get an opportunity to express themselves on the proposition at the November election as its sponsors had hoped. The judgment of the Marion circuit court, which issued an injunction against the secretary of state, the Governor and other members of the state board of election commissioners, prohibiting them from putting the question of adoption of the proposed instrument on the ballot, was affirmed. The majority opinion was written by Chief Justice Cox, democrat, and concurred in by Judge Monks and Judge Myers, republicans. A dissenting opinion, written by Judge Morris and concurred in by Judge Spencer, democrats, also was given, the majority opinion is that the legislature was clearly acting beyond its powers and authority in attempting to submit a new constitution; or a series of amendments to the present one, to the people for ratification without having followed the provisions of the constitution, which specify when and in what manner this may be done. The court holds that Judge Remster, of the circuit court, was justified in issuing his injunction, and that the fact that Thomas R. Marshall, who is, a member of the state board of election commissioners, also is Governor of Indiana, can not affect the right of the court to enjoin the members of the board from doing an illegal act. The dissenting opinion, on the other hand, contends that no injunction can be issued because Governor Marshall is a member of the board and the courts can not enjoin the Governor. Sixty-five typewritten pages are included in the opinion of the majority of the court, and the dissenting opinion covered thirty-five. This was one of Governor Marshall’s pet measures, and he took almost as great a personal interest in forcing it on the people as he has In trying to overthrow the verdict of the Jasper circuit court arid jury and thwart justice in the bridge graft cases in this county.