Rensselaer Republican, Volume 25, Number 17, Rensselaer, Jasper County, 22 December 1892 — PROSPECTIVE LEGISLATION. [ARTICLE]

PROSPECTIVE LEGISLATION.

The message of Governor Chaso to the General Assembly Is in course of preparation. soyatha Indianapolis. News, but is not far enough along to enable one to get a definite idea of just what recommendations will be made. Governor-elec Matthews’ Ideas of needed legislation will be advanced in an address, of which he has not yet written a line. .There are several measures which, it Is thought, will have special prominence in the Legislature. The question of good roads will figure largely. A large number of tho members have improvements to suggest in> the present laws, while some favor wiping out the existing road measures and starting afresh. There is also a disposition, on the part of many-, to amend the present election and tax laws, and several changes In these measures wil probably be suggested. The indications are that the demands on the coming Legislature for money will be unprecedented. The financial problem Is the one most discussed by tho memborselect who are coming to the city often these days to learn what is golngxm. Tho

the calls for money will be of a character that will demand attention, but still they are In- favor of going slow A few nights ago an elephant was discovered in the barnyard of Wm. Fordyce, near Ooawfordsvllle. The nest morning

- ■ - ~ ' — s the place was found to be wrecked. Dur* ing the night the elephant had enjoyed himself, and left the place. The next night he returned to Fordyce’s and slept in a straw stack. Friday night, Manager Gray, of the Great American Circus, arrived from Jeffersonville with Keeper Newman, and recognized the elephant as Sultan, one of the fiercest of his herd. Sultan was captured atter a hard fight. It is understood that the Indiana World’s Fair Commission is in such condition financially that the Legislature wil be almost compelled to assist. In addition to the appropriation which the commis-, slon proper will ask for, the various committees of the commission will, it is nowunderstood, ask for money with which to perfect their Another demand will come from the citizens’ organization of this city, which has charge of the arrangements of caring for the encampment of the Grand Army of the Republic. There is a feeling that the State should do something toward making the encampment a success, and ajliberal appropria tion will bo asked Demands will probably bo made bv all of the charitable and penal institutions. Those inststutions, the annual reports now being made to the Governor show, have grown much during the last two years and the expense of maintenance has necessarily increased. An attempt will be made to convince the Legislature that in some instances the institutions are so crowded for room that it is necessary to erect additional buildings. The members who have been giving the I financial question some thought say it is ! by far the most important one that will j confront the Legislature. They say tha I along with the demand for largely in-j creased appropriations is a sentiment I among the people that taxes must be lowered rather than increased. Then, too. there is the State debt, which must also receive attention. It is well understood that the finance committee will have its hands full during the session In devising a financial plan that will meet the condition of affairs - THE APPORTIONMENX OVERTHROWN. Tho Supreme Court ( JSat,nrday handed down its deeision i n the so-cal led gerrymander or apportionment case, in which; it declares the law unconstitutional. The decision was written by Judge Coffey, Judges Mcßride and Miller concurring, while Judges Elliott and Olds filed separate opinions, concurring for the moat part, butdiffcrlng in details. The decision declares the court has jurisliction, pronounces tho acts of 1891 and 1879 unconstitutional, and holds tho newly elected Legislature to be an official body de facto and valid law makers. Tho decision of the lower courts, which declared the acts of 1891 and 1885 unconstitutional, restoring that of 1879, is reversed. The effect of tho opinion of the majority of the court is to decide that the courts have authority to adjudge an apportionment act void if it violates the provisions of the Constitution, The point made by lire counsel for the election officers and the State: that the courts have no jurisdiction of the question, is disposed of by ’ this conclusion. The decision, as field by a majority of the court, is also to the effect that the court has a right to decide as to the constitutionally of the acts of 1879 and 1891, but that the question of the validity of thqact of 1885 does notappear in the case. The decision of the court is that tho acts of 1891 and 1879 are uncaastitutional, but tho Assembly chosen at the recent election, under the act of 1891, aie officers de facto, and their acts, as far as concerns the public, are valid The jndgnretrt-~&f~-thfr-l&ww-. court la. reversed for the reason that the act of 1879 being unconstitutional. Powell, the relator, had no right in a writ of mandamus to compel its enforcement. Judge Elliott concurs in the holding that the court has power, at tho suit of a party entitled to a decision upon such a question, to give judgment upon the constltu*tionality of apportionment laws, but he holds that tho relator, Powell, has no right to ask for a decision upon the validity of the a:ts of 1885 and 1891 because ho makes no case, for the reason that hi 8 coinplaint is founded upon a law which he himself shows to be utterly void. It Is further held by Judge Elliott io be a woll settled principle of law that constitutional questions can not bo decided unless such decision is absolutely necessary to a final disposition of the case actually before the court, and his opinion shows that this case is finally disposed of before thequestion of the constitutionality of the acts of 189 i and 1885 Is reached. The effect of the decision of tho majority of the court Is to leave the State without any law under the provisions of which an election of members of the Legislature could be held, for theffiecision makes no reference to any act under which an election may be condudted. But this effect of the opinion of the majority is modified to a degree by the holding that there is a de facto Legislature, and that it can enact laws and transact public business.