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SAYS GOVERNOR IS SUPREME, lndianaiMdis, Ind., October 22. Governor Ralston lias received a letter from Attorney-General Thomas Honau. stating that he cannot join with the Mineral Springs Racing Association in a suit to determine whether the governor has the right to send troops to race courses to stop gambling. A. F. Knotts, attorney for the racing association at Porter, whose meeting was stopped by the governor, called on him a few days ago and asked him to join in u suit to determine the governors rights. The governor asked the attorney-general for an opinion. The attorney-general says that under the constitution the governor is commander-in-chief of the military forces of the state, and that he is required under oath of otllce to execute the laws, suppress insurrection and to repel invasion. In the use of the military forces he holds the governors word is final and is not subject to review. Therefore- the governor cannot join In a suit to determine his own powers that are set forth by the constitution itself. In the course of his opinion the attorney-general said: "In any given case the question of whether it is necessary or proper to call out the military forces to execute the laws or to suppress insurrection or lo repel invasion, is a question that must be determined by the governor. There is no other person or tribunal authorized to determine the question but him. The power to determine It, of course, carries with it the duty to determine it. The governor cannot lawfully. If he would, evade the duty. When lie has determined one way or the other upon the matter no ierson or tribunal has the right to determine the other way. "As is well known, our republican form of government is divided into three co-ordinate branches. When a matter, for Instance, determinable in a court, is determined by a court of last resort, it cannot be determined otherwise by some person or trihuual who has no authority over the subject. The decision of the court must stand, regardless of whether it may be satisfactory or not to some per-ons. "And so it is with those matters that fall within the domain of the executive authoritv. The determination of the executive is presumed to be, and is, the exercise of his judgment in the matter, and it is that judgment that controls. The governor is elected and vested with the powers of the executive in order that he may exercise his judgment and that that judgment shall control as to matters over which he Is given authority."
