Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-03-08

House committee, WHICH Clearly cets iotth tue
meaning Of the constitution in HIing the term o.
each regular session of the Legislature 70 be
sixty one consecutive days and not working days,
as the governor and the supreme judges en-
deasored to interpret il. The argument Of the
committee and it, conclusions were practically
adopted BY the Legislature on its adjourning. as
has been the usage Of each legislature since that
provision Of the constitution went into operation,
on the sixty first consecutive day and ending the
enactment of laws on the fifty ninth consecutive
day The meaning of the constitution is 50 OBJ
vious from the language used that there i no
room TO cav or doubt its purport.
The supreme judges stepped out Of the way
In volunteering an Interpretation ofthe consti-
tuition when il not presented to them as
court upon appeal and without even discussion
The indelicacy of their action, when this fact is
considered, will be appreciated, and IL 8 not cal
calated to raise them in public estimation. The
opinion too, was queer one. They admitted
they had not time to fully consider the question,
but they pledged themselves 70 sustain the ac-
ton Of coordinate branch Of the legislature
they should even become convinced that their
opinion was erroneous. and the subject should
be submitted to them afterwards for determine
| ton in a controverted case, when the rights OF
parties might be involved and sacrificed by their
prejudgment. The legislature maintained its
dignity 10 giving the cold shoulder to the attempt
10 interfere with and control its action The
following is the report prepared by Senator
| DowsEY
| This session of the general assembly began on
the 5th day of January, 1865. and the question
il, when must it endI The langage OF the con-
stitution on the subject 10 found in section 30 of
article A. and is as follows: mo session of the
general assembly except the FIRST under this con-
sutution. shall extend beyond the term OF sixty
one days, nor any special session beyond the
term OF forty days"
T Words are to be understood in their plain and
, ordinary sense. A "civil day" or day when
mentioned in a constitution or statute, means a
period of twenty four hours, beginning and end
ing at l2 o'clock at night. Sunday IS day as
well as week days.
There ia no difficultA in arriving at whit is
E meant By the word session" 1t means. in this
instance. the time during which the legislature
sits with occasional intermssions OF day, or
more until its final adjournment.
The word ",erm," used in this clause of the
e constitution, and used in eight or ten other
G places in the same instrument, means period
: or length of time. from one given date To
y another To fad the true meaning of the word
o when il is used in the constitution, we must
i look at other parts of that instrument, well as
Q the one under consideration. ALL parts OF il
were made at the same time and by the same
, persons A strange use may be made OF word
in an instrument, but if you find the word used
: in many other places in the same paper, in the
same sense, it must have the meaning which
from the whole instrument the party intended il
TO have We do not mean TO cay that the word
is improperly used in this instance. We think il
/ is not Let US look to its meaning in other place:
= in the constitution. la article 9, section 8
the word term il used with reference
0 to the term during which person may hold ar
Il Office. In art 1. sec 3, it is said senators shall
+, be chosen for the term of four years. and repre-
. seDtstives for the term of two years. In art. ,
sec. 9. the official term of the governor and lieu
= tenant governor shall commence. &c. In th,
. same article, sec % it is provided that the gov
% errors salary shall not be increased or diminish
ed during the term for which he shall have beer
u elected and in "a: neither the governor no
lieutenant governor shall be eligible to any othe
Office during the term for which he shall hav
been elected. In art 7, Sec y: circuit Judge
shall hold their office for the term of six years
&c. and in sec. 10 of the same article: person
elected to anv judicial Office shall, during th,
term for which he was elected. &c In the 5t
&c clause of the schedule the word ia used. and il
the 18th clause il is twice used in the same sense
NJ We cannot see that il can make any differenc,
whether the period of time is to be computed b.
days. weeks, months, or years. Ii is eOntinu
he period, made up OF successive days in eithe
a case: and Sundays are days, why should the
"A be excluded. unless the language or words used
aud for which proper construction is sought, 81
d expressly require:
" Had the language of the constitution beer
De that the general assembly should not "sit," o
not be lin session" more than sixty one days, i
might then be construed TO exclude all day
when the legislature was not actually in session
or doing business, as well Sundays as other DAYS
b. At this session, the sixty days if we INCLUDE
D Sundays. expire on the 9th of March. Now, il
the general assembly shall be in session on th
~ 10Th of March is not that beyond the term o
D. sixty DAYS" from the sine the session began
r We think that where period or term of tim,
IS to be reckoned in days, months or years, tha
Sundays must be included, unless expressly ex
u Guided If money is to be paid, or any other &C
70 performed. in thirty, sixty. or any other numbe
/ of days, the Sundays falling within that tim,
must be counted Such is the rule in computin.
the ten days notice to party sued
e and such is the rule where part
" is required to appeal within a certain number o
e sad yet they are not days on which he should b,
II engaged in preparing his defense or perfectin,
j bis appeal.
l. Where it is intended that Sundays shall b,
e excluded il is so expressed in the constitution
y and in statutes. aud Sundays are excepted
II in this section in regard to the approval of bill
e by the governor. it furnishes ground to suppos,
u that if it had been intended in the other case
would have been so expressed
IN Sundays and certain HOLIDAYS are spoken of Al
4 uou-legisatve days; but we do not under stan,
by this that legislative business cannot DE don,
on these DAYS, but only that by kind of com
mon content il is not done. 1t is expressly lai,
% down in Cushing's Manual that legislative bust
b ness may be done sunday, and instances cal
n be cited where it has been done; but still he saw
{ Sunday is a non legislative day We must no
u be understood saying that legislative bushes
ought TO be done on Sunday But suppose th,
q legislature should sit on each successive da,
from the commencement of the session; anC
suppose bills to have one of their indispensable,
readings, or to be passed on a Sunday, would th,
9 act be voidf There is no provision in the stat,
constitution which prevents the legislature from
being in session on Sunday Legislation is 20
II enumerated among the acts prohibited BY The
;, Sunday law. Ii II was might il not in some
q possible case become a work of "necessitv' and
! tor that reason be allowable
oil There was A reason for fxinC unon sivtv m.