Bennett v. Jackson
Indiana Supreme Court
From Marion Superior Court (106,634); W. W. Thornton, Judge. Action by Henry W. Bennett against Ed Jackson, as Secretary of State, and others. From the judgment rendered, plaintiff appeals.
1Dissent
•Dissenting Opinion.
Lairy, J.
The prevailing opinion holds’that the act of the legislature of 1917, providing for the calling of a constitutional convention and a preparation of a proposed constitution by such convention and its submission to the people for their approval is unconstitutional and void for two reasons: first, because the legislature possessed no power to call a constitutional, convention without first obtaining direct authority from the people to do so by means of a vote on the proposition as to whether they desired a new constitution; and secondly, because the act violates §1,…
2Cases cited20 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Ellingham v. DyeIndiana Supreme Court · 1912
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Marshall v. DyeSupreme Court of the United States · 1913
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