Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-02-11
Published every Thursday
Query!


Has the bill and supplemental to the bill, providing
for the payment of the funded debt of the State OF
Indiana, commonly called the g Butler BILL passed
the legislature, and now is it LAW OF the land
l take it that it is not. The latter clause of the
6h section of article third of the constitution Of the
State of Indiana and which OF course is paramount
to all rules and regulations says ''toO-thirds of
each House [of Assembly shall constitute quorum
to do business but smaller number may adjourn
from day to day. and compel the attendance of absent
members.
A quorum means such number Of any officers as is
sufficient to do business Itoo thirds then, of either
House shall be sufficient to do business.
On the failure of quoram in either branch of the
legislature, nothing be done, only the djOurning
from day TO day and compelling The attendance Of alb
sent members.
There fifty Senator's as provided by the appor-
tOnment Of last wnter-two-thirds of which is
thirty-four members, Cor thriythree and third of
member)-as you cannot go under two-thirds Of a
quorum, and cannot take one-third Of a Senator to
make of him, without the remaining two-thirds.
Of course there must be live and acting two-thrds
OF fifty commissions; not the twothirds of whatever
commissions there may be in action. 1t makes no
difference whether the Senator holding commission
dies, resigns This may be proven by the SUPPOSE
ton land which was realized in 0hio) that sufficient
number Of members resign for the special purpose of
breaking quorum,-there Is no doubt 1t can be done
it would make difference in principle if sufi-
clent number to break quorum, by fatal epidemic,
died. and no business could be done. If this is So,
for a number sufficient to break quorum, the same
reason will serve where dies resigns-the two
thirds cannot be taken Of the number that remain.
At the past session, as before stated, there were
fifty members composing the Senate two-thirds OF
which was thrty-four. But after few weeks session,
one member-Mr. Cuppy-died, leaving forty-nine
members. Those desiring the passage of the Butler
Bill contend that thrtythre is quorum, for 1t Is the
two-thirds of forty-nine.
When this aforesaid Butler Bill came up on lis
final passage in the Senate Monday, after its re-
turn from the House, there were voting for and
against it. ALL thirty-three votes. The bill then is
lalo of the land for the reasons above given.
A measure OF the importance of such BILL wherein
the interests of millions of the inhabitants of State,
and perhaps for centuries, will not be attempted to be
put into force, made the basis Of any action after
the action Of thrty-three out of fifty upon It, 1t
may, however; but the action will be upon an unsta
be and sandy basis. The approval of 1t by the Gov
ernor will not cover the defect-he is the law-making
power only far the approval, if the Senate, or
House does lot pass it; yet his approval will not
make it the law,
Should the bondholders, however, their agent
attempt carry out the provisions of that attempted
BILL by enforcing it in any action at law, or in any
manner in a court of justice, it will be decided for
the reason aforesaid that there is LAW of the
land as attempted by the provisions of said Butler
Bill" 5.