Legal Opinion

Ellingham v. Dye

Indiana Supreme Court

Decided July 5, 1912No. 22,064Published

Prom Marion Circuit Court (20,079) ; Charles Bemster, Judge. Suit by John T. Dye against Lew G. Ellingham, Secretary of State, and others, constituting the State Board of Election Commissioners. Prom a decree for plaintiff, the defendants appeal.

1Dissent

*415Dissenting Opinion.

Morris, J.

I cannot concur in the majority opinion, and the importance, as well as the novelty, of the questions involved, constrains me to state the reasons for dissenting.

The General Assembly of 1911 passed an act to submit to the electors of the State, at the general election of 1912, for ratification or rejection, a proposed “new Constitution,” set out in the body of the act. Acts 1911 p. 205. For the most part, the proposed “new Constitution” is a copy of the present one, the most prominent changes being in authorizing the legislature to enact a workman’s compensation…

Also in this document: Concurring in part, dissenting in part.

2Cases cited30 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Luther v. BordenSupreme Court of the United States · 1849
  3. Mississippi v. JohnsonSupreme Court of the United States · 1867
  4. Pacific States Telephone & Telegraph Co. v. OregonSupreme Court of the United States · 1912
  5. Giles v. HarrisSupreme Court of the United States · 1903

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