Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1858-12-30

Section Sd of the bill prescribes the du-
ties of the President and Secretary of the
Senate, the Speaker and Clerk of the House
of Representatives and the Secretary of
State: and section 5 declares that failure,
neglect or refusal of any of the above
named officers. or either of them, to per-
form the duties to them assigned, shall
render them guilty of misdemeanor, and
subject them to the penalty of fine.
The 10Th section of Article 4 Of the
Constitution of the State provides that
Every Act shall embrace but one subject
and the matters properly connected there
with. which subject shall be expressed in
tie title"
TIL. supreme Court of the State in the
case Of the Indiana Central Railway Co.
vs. Potts and others. 7th Indiana Reports
691, have construed this section of the
Constitution. They held that provision
for criminal prosecution cannot be in
cluded in civil act. The Court has fully
discussed this section of the Constitution,
showing the reasons why. and the neces-
sity for its adoption. Section 20 Of the
same Article declares that the General As
sembley shall not pass local or special laws
for the punishment Of crimes and misde-
meanors. This bill provides that the Off
GERS of the Legislature, chosen by eacn
branch, shall be guilty of misdemeanor
in the special case there named. while in
no way held responsible for any other der
election of duty. The only way in which
they can be punished is by general act.
making it an ofiense to refuse to obey the
orders of the House where said officers
are elected.
Again, the bill provides that the Secre-
tary of State shall attach the seal of the
State to the certificates of election, and
upon failure thus to do, he shall be guilty
Of misdsmeanor. know of no section
of the Constitution which gives to the Sec
rotary control Of tho seal of the State.
Section of Article 5 of the Constitu-
ton provides that there shall be a seal of
State, kept by the Governor, which shall
be called "the seal of the State of Indi-
ana" 1t would be manifes,ly unjust to
punish -that officer for failing to perform
an act not in his power. But if the seal
of the State was intrustcd to his keeping
and he alone required to impress it as an
evidence of the official action of the Legis-
lature. failure on his part to obey the d.
rection of the Legislature gives to that
body no power to punish him by either
fine or Imprisonment. Section of Arti-
Gle 6 Of the Constitution provides that
"there shall be elected by the voters of the
State, a Secretary. an Auditor and Treas
urer of State, who shall severally hold their
Offices for two years. They shall perform
such duties as are enjoined bylaw" Sec
ton 8 of the same Article provides that
"all State officere shall, for crime, incapac-
ity or negligence, be liable to be removed
from Office, either by impeachment by the
House of Representatives, to be tried by
the Senate, or by joint resolution of tn.
General Assembly, two-thirds Of the mem
bers elected to each branch voting in Ell
Their case therefor"
The Secretary Of State holds an office
created by the Constitution; is elected by
the peopls to discharge the duties assign
ed him by the Constitution and the laws Of
the State. He is required to take his oath
Of office, that he will obey the Constitution
and discharge his duties. If by any act
Of his personal wrong ia done to citizen,
the remedy for that wrong is upon his Of
fetal bond. If he is guilty Of crime or
for the punishment of which
the criminal or penal code Of the State
provides, he is liable to be punished ON
or indictment. But for a fail
ure to discharge his official duties, he can
only be punished in accordance with the
provision of the Constitution, as heretofore
set forth in section 7, Of Article Chat
is, by impeachment or removal from office.
The people of the State, in the adoption
of the section above NJ ntioned, provided
the means whereby the officers of State,
by them chosen, should be punished for
official negligence. They conferred upon
the General Assembly the pewer to arraign
such officers before them, and depose them
for failure to discharge their duties
They never did confer upon the General
Assembly the power to punish, In court
of justice. any of the State officers above
mentioned for failure to perform any Of the
duties assigned them by law. They gave TO
every officer of State the same right as
they did to every member OF the General
Assembly, after taking his oath to support
the Constitution Of the State, according TO