Rensselaer Republican, Volume 21, Number 30, Rensselaer, Jasper County, 28 March 1889 — SUPERIOR COURT’S DECISION. [ARTICLE]

SUPERIOR COURT’S DECISION.

The Board of Public Work*, and Police and Bea,d Acte 1 for Indianapolis Declared Unconstitutional. The Marion county Superior Court, Monday, handed in two.opinions in the cases testing the constitutionality of the Public, Works and Police and Fire Board acts for this city. The majority opinion, written by Judge Howe, Judge Walker concurring, maintains that the bills are unconstitutional. Judge Taylor dissents. He finds the bills sound and valid- The opinions Were heard with profound interest by crowded Courtrooms. , However, the Supreme Court’s opinion will be the final test. The cases by common consent go at once to that tribunal. Judge Hpwe, in his opinion on the Board of Works Act, bases his conclusions on decisions that local and special legislation is void. In the police and fire bills, sections requiring that the forces shall be drawn equally from two parties, are unconstitutional, but the Court does not pass on the question whether this vitiates the entire act. The epinion is very long, and inferentially it will be seen ’that the majority opinion maintains that the failure of the President of the Senate and the Speaker of the House to sign bills after they were vetoed is not avital objection. This bears on other cases in controversy, as does also the opinion that the claims that the Governor has the exclusive right to fill all offices created by tbe Legislature is not well taken..