Jasper County Democrat, Volume 21, Number 12, Rensselaer, Jasper County, 11 May 1918 — STATE NEWS ITEMS [ARTICLE]
STATE NEWS ITEMS
The Doings of Hoosierdom Reported by Wire. r F ROAD LAW HELD INVALID State Highway Commission Act Passed at Last Session of Legislature Is Called Unconstitutional by Judge Cloe of Hamilton. Noblesville, May. 10.—Indiana’s state highway commission law, passed at the last session of the legislature, and which was regarded as one of the most important measures enacted, was held unconstitutional here by Judge Cloe of the Hamilton county circuit court. The action was taken in overruling a demurrer filed by the state against a suit questioning the validity of the act, frLtch was filed by tlobert Hotise, a wealthy fanner living In this county. The defendants In the proceeding were L. H. Wright, chairman of the state highway commission, and its other members, together with Otto L. Klauss, state auditor. While the case can now go to trial on its merits, It is understood that this course Will not be followed by the state, since the ruling of Judge Cloe on the demurrer indicates what his final decision would be. Instead, it is expected that the defendants will appeal at once to the state supreme court. Ele Stansbury, attorney general of Indiana, was present when the decision was announced. The ruling will attract attention all over the state, in view of the fact that it has a direct bearing on all of the state roads which the commission has planned to build during the next two or three years, including the range line road from Indianapolis through this county to Kokomo and South Bend. The decision will only stop any work which may have been contemplated in this county on the range line highway, but at the same time it is reasonably certain that nothing will be done on the other state highways, in the face of this ruling, until there Is a decision from the higher court.
