Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-02-20


in the Constitution is that when property is thus
taken Except of the STATED compensation shall
be frst assessed and rendered" This is important
change As the law stands, an Incorporated CON-
any constructing a railroad other public Improvement
may take mans property first and pay for 1t alter
wards. The change proposed requires, that, before
taking property tender should first be made of its
sessed value If that tender be rejected by the
and he seek his remedy By appeal the property may be
taken that may not be able, by unreasona
bic obstnacy: to arrest for months or years, work OF
public Importance.
The principle of exempting reasonable amount Of
the property the debtor from seizure SALE
provision of this kind in the old Constitution though the
present law, usually called the hundred and twenty
hive dollar law" is based upon the principle thus pro-
posed to be permanently established.
The Legislature is authorized to continue, modify,
abolish the Grand Jury system. Under the old Const
tuition, provision for retaining it was imperative.
The right of trial by Jury secured in all civil and
criminal. BY the old Constitution, where the amount
in controversy less than twenty dollars and also in
prosecutions for petit misdemeanors, this right not
secured.
1t is provided that ''the General Assembly shall not
grant to any citizen or class of citizens privileges
immunities, which, upon the terms, shall
equally belong all citizens This important provision
is new.
AS TO SUFFRAGE ELECTION.
By the old Constitution citizens of the United States
were entitled to vote. Under the new foreigners who
have been in the United States year, and in this
State six months Immediately before any election and
who shall have declared under OATH their intention TO
become citizens have the right Of voting This liberal
provision will undoubtedly tend increase the wealth
and population of our State by attracting emigrans to-
ward it,
Post Masters if their annual compensation be ninety
dollars less but otherwise, may he elected men,
bers of the Legislature. In counties with less than
thousand polls but in others, the offices OF Clerk Re-
coder and Auditor may be conferred on the same per-
son. Both of these provisions.
No who gives or accepts challenge or carries to
another a challenge fight duel, shall be eligible
n nv I'll
IN THE LEGISLATIVE DEPARTMENT.
The provision regard the number of Senators and
Representa- ives remains unchanged. 1t is not to
coed hundred in the House and fifty in the Senate but
that number may be at any time reduced by law.
The regular sessions OF the Legislature to be held
only years but the Governor if he thinks the
public welfare requires it, may call special sessions No
regular session is to be longer than sxyone days. nor
any special session longer than forty days.
As the entire expenses of the sessions of our General
Assembly including printing Of laws and journals have
averaged for the last ten years. upwards oil forty thou
sand dollars annually the saving by the change to blen
NAL sessions may down twenty thousand dollars
year. Thus, If special session be called during five
years. the saving in that PERIOD by this provision aone
Thus will also he afforded some opportunity to become
acquainted with the laws Of session, before they
followed by the amendments of the next
The following provisions tending to check and regu-
late the legislative branch of government not found
in the old Constitution.
First Every bill to be read throughout on three
several days. unless twords under the ayes and noes
suspend the rule.
Second On the final passage of bill, it is forbid
den under any circumstances to dispense with its read
ing by sections
Third A majority of all the members elected to
either branch shall be necessary to pass law. The
present Constitution permits majority oil those pres
ent (which may be bare majority of quorum) to pass
| a law.
ended by reference its title but the law
vised amended must be set forth at full length Great
abuses have arisen for lack OF such provision. Am
endments have been made of which the House which
enacted them knew the character only by brief
verbal statement from member interested in their pas
sage.
i Fifth. No law is to embrace more than one subject
and matters properly connected Herewith and the sub
ec is to be expressed in the title. The tendency Of this
rule is, to prevent what is Familiarity termed ''logrol
ling" Two provisions having no proper connection
with each other, may. under the present Constitution
be embraced in the bill. and be carried by a
binaton of their respective friends though neither it.
SELF has merit strength enough to obtain the vote OF
majority, and would fail, it ought, if voted upon
singly.
Sirth. No law is allowed to pass except under the
ayes and noes entered the journals. This is Of
the most eectual safeguards against hasy and incon
siderate legislation; and secures, under all crcnmstan
ces, the responsibility of members of the Legislature to
their constituents
Seventh. All elections by the General Assembly are
by rira vote, recorded on the journals
/ Eighth. The most important restriction imposed
the Legislative branch is that which provides that, in
variety Of enumerated Gas the jurisdiction OF JUS
ces OF the Peace, the mode of doing county
ship business, the fees of county and township officers
road laws, common school laws, and FORTH and in
all other cases where general law can be made app
cable, special law shall be passed 1t is estimate
much within the TRUTH that more than TWO thirds OF all
the laws enacted in this State since her admission into
the Unon have been OF the character here forbidden
More than twohirds of onr legislation thereiore-and
the most confusing and most mschevous portion of it,
cut off by this single provision Independently Of the
intrinsic benefits of such change the saving thereby
effected Of expense both regards the time Of the leg
sature and the cost OF printing laws will be great
/ Ninth. BY general law, provision may be made for
sueing the State but special authorizing suit
be brought against the State, or allowing damages
against the State is permitted. This will remove to
Courts of justice, where they properly belong,
claims which cannot be urged through legislative
body without temptation to demoraizing influences.
Tenth. The Legislature is prohibited from granting
divorces.
Eleventh Representatives hold their offices two
years, serving regular sessions Senators hold their
offices four years, serving two regular sessions
i Ttceifh. The general elections, instead of being
held, as now, the first Monday in August 10 be
held the second Tuesday in October of each year.
This latter period is of much greater leisure far
mers than the former
i IN THE EXECUTIVE DEPARTMENT.
The changes in this department are unimportant be-
i ing chiefly these:
The Governor and Lieutenant Governor elected for
four instead of three years. correspond the biennial
sessions of the Legislature
Neither Of these officers is eligible than four
years in any period of eight years. to any other Of
fee, during the for which he has been elected
These provisions not in the old Constitution
There slight change in regard to the veto power.
IL bill he presented to the Governor within three days
of the close Of the session and he fail return it, it
shall be law, unless he file tic BILL together with his
objections, in the Office of the Secretary of State within
five days after the adjournment BY the old Constitu-
ton, he might hold il until the next session, and
then return it, with his objections