Courts in the Classroom
Supreme Court of Indiana
Division of State Court Administration
30 S. Meridian Street, Ste 500
Indianapolis, IN 46204

Dr. Elizabeth R. Osborn
Coordinator for
Court History and
Public Education Programs

Pho: 317.233.8682

Sarah Kidwell
Outreach Coordinator

Pho: 317.234.3055


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on Public History

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Courts in the Classroom > Legal History Lecture Series > Interbranch Disharmony: State ex rel. Mass Transp. Authority v. Indiana Revenue Board Interbranch Disharmony: State ex rel. Mass Transp. Authority v. Indiana Revenue Board


The Indiana Supreme Court held a free CLE event, "Interbranch Disharmony: State ex rel. Mass Transit Authority v. Indiana Revenue Board," on Tuesday, December 7, 2010 from 3:00 - 4:30 pm.

This is a free CLE event sponsored by the Indiana Supreme Court Legal History Lecture Series with support from the Indiana Commission for Continuing Legal Education. It has been assigned course number 136596 for 1.5 hours. Registration will be completed at the door.

About the Event

State ex rel. Mass Transp. Authority v. Indiana Revenue Board culminated in 1970 with an epic showdown between Indiana's judicial and executive branches when the Indiana Appellate Court ordered the State Auditor jailed for contempt.  The controversy began in early 1967 when Governor Branigin purported to "pocket veto" a bill redirecting inheritance tax revenue collected in Marion County from the state treasury to a newly-created Mass Transportation Authority (MTA).  Lawyers for MTA challenged the Governor's action and on December 31, 1969, the Appellate Court held that pocket vetoes were not authorized by the Indiana Constitution and the bill had become law - entitling MTA to the revenue and attorneys' fees.  Meanwhile, Governor Whitcomb had succeeded Governor Branigin and Richard Givan, one of MTA's lawyers, had been elected to the Supreme Court.  Givan recused, leaving the remaining four justices deadlocked 2-2, effectively affirming the Appellate Court's decision.  Governor Whitcomb resisted the decision for more than a year, eventually producing the contempt proceeding against the Auditor.

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