The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-27
THE RECORD.
Speeches of Senators Smith, May, Duncau,
Sayre and Van Vorhis.
IN THE SENATE.

d
Sayre and Van Vorhis.
FRIDAY, Jan. 26-1o A. NJ.
The Northumberland commanded order
and attention while prayer was Offered By Rev.
". II. Hay.
On motion by Mr.. Hutchinson, the reading Of
the Journal OF yesterday was dispensed with.
BILLS TO BE PRINTED.
Mr.. Spann called up an amendment heretofore
proposed by him 10 the rules of the Senate, add
ing to rule SO. after the word hundred" these
words: Except that all bills shall be printed
thht iuay be recommended for passage, together
with all amendments that may DO recommended
Ivy the committee"
On his further motion, the amendment was
agreed to.
PETITIONS, MEMORIALS AND CIRCUMSTANCES,
Petitions praying for a submission OF The con-
etitutlonsl prohibition amendment at special
election, and referred to the temperance COM
mIttee without reading, by Messrs. Brown, Lock
rideg, Mcintosh, Benz-5, Davidson, and Hen
ry petitions.
Mr.. Mcintosh presented petition from his
district against changing the judicial circuit. 1t
was referred to the proper committee.
On motion OF Nc. Buudy, the committee on
revision OF the journal was instructed TO report
each succeeding day on the secretary's minutes
OF the day before.
Numerous reports from committees were SUBJ
united and placed on the files for future action.
THE CONSTITUTIONAL AMENDMENTS.
The Lieutenant governor announced the special
order for this hour-10:30 o'cleck-heing the
consideration of the resolution and COMMITTEES
posed prohbtOry amendment TO the constItu-
hob, by the Senate as In committee of the whole
The Senate thereupon resolved itself Into a
committee of the whole, Mr.. Henry IN the chair
and proceeded with the discussion
Mr. Smith, of Delaware, finding that general
latitude had been taken in this debate, read from
manuscript, not making elaborate legal argu-
ment upon the proposition pending before the
committee, but referring generally to matters
intimately connected with the proposition.
He referred to the Wabash Erie canal
amendments, and declared they were identically
In sod III
1tory amendment now, in so far as the defective
record is concerned. If there was defect then,
and it is not cured, then those amendments
were not legally adopted. But he thought other
wise. And he believed the amendments OF 1881,
acted upon by the last General Assembly, are be-
fore this General Assembly for its action Can
IL be possible n trivial clerical error should
alone cause this hostility, or is there another
direct cause demanding 1t shall be done 10 can
Gel an existing Obligationi There can be no con-
troversy hut that the people have the right to
change the organic law of the State, and vote
thereon directly after preliminary steps have
been taken by their representatives. The Gen
eral Assembly is not the supreme power; il
bears the same relation to the people that an
agent does to his principal. The agent will not
oppose the will of his principal, but use his best
efforts TO carry it out. Being loyal to the pro-
visions of the constitution, we should not hest
tate to obey the people.
From every part OF the State more than co, 900
petitioners have repeated the demands made
upon the last General Assembly for submit sion
OF the amendments referred to this Legislature
Tor Its action. No remOnBtrance has reached u.s.
anu party TIES are not strong enough to prevent
his submission TO the wishes Of the people And
he WINS decidedly in favor of submission at a
special election, because the people SO petition,
and not because the party with which he acts
so declares. He hoped tho minority report
would be adopted.
Mr.. May preferred TO vote against the amend
inents on their passage, thus rejecting the
views OF his people, but 1t happens question of
jurisdiction has arisen--a legal proposition that
must be solved by legal rules and legal practice
He could not come to the conclusion that these
hmemdnents are properly before this General
Assembly. No lawyer will say we should go
outside OF the constitution, article 16, sections
and 2, to ascertain the only way in which
cred by the General Assembly. II is as plain 30
n man of common sense the noon-day SUM-
Much has been said about outside authorities
but he defied any one TO show any decision OF
any court on the two sections of The article re-
ferred to. Then, il no authority of the Supreme
Court eau be found constituting, these sections,
what next should be dou.l Il is the custom OF