Jasper County Democrat, Volume 20, Number 12, Rensselaer, Jasper County, 9 May 1917 — CONSTITUTION ACT ATTACKED [ARTICLE]

CONSTITUTION ACT ATTACKED

Henry W. 'Bennett, president of the State Life Insurance company, , is the plaintiff in a suit which has been prepared for filing in the Marion county superior court, attacking the constitutionality of the law passed at the repent session of the legislature c .Hing a constitu-* tional. convention- Attorneys for Mr. Bennett ■in the proposed action are Charles Martindale of Indianapolis; Ben Crane Of Crawfordsville; Eriory B. . Sellers of Montitcello ard" Samuel Parker of Sooth Bend. Mr. Martindale said the I complaint will re filed when the governor issues' h.s proclamation declaring the acts of the legislative, session 'in effect This. will. ■ probably ■ be within the next week or two. | It will be an injunction suit, in “ which -the -court will be asked to restrain the se retary of state and all county clerks in the state from preparing ami-printing ballots for the. special election, at which delegates to the cepsiitutipnal convention are to U' tleo-j n-xt September. It will al-.--.. ask that the judge of the circuit court o? Marion county be-enjoined from appointing election inspectors, for the special election in xh,.-. county. The law directs the of circuit courts in all the counties to appoint the inspectors,'and •Mr, Martindale said ■a ’ r g .-ding-■'■the'-..'Marion-circuit/ court wunld' determine -the cneitifu . r .’.l ihe judges in the state. The w.ll be based cn the ground th ' 7 - - - ' ‘ > . constitutional con- - It will allege the legislature culy. such powers as are ■ . j by die present cbn.-- ■ n, ami that there is noth- ' ing in the <•' •■•iritlox ’het ccnUrs

that power to call a. constitutional convention t :-s*s 'in the people alone, and that the people have not delegated ’.hit ?dW to any other agercv •• Vr. Martindale &tsd Ar.' r . ' • n!y_!iimself in the suit and ti.it ’here were no interests "behind l.lm. To keep the court costs in the. case down to. a minimnat. attorneys for Mr. Bennet* asked E?e Stans- • bu'ry, ' attorney-general, to' request all county clerks in the state to waive service of the summons in • the case, and -Stansbury ~ has written letters to the c’-rks suggesting that" they CO reply with this request.