The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-02-23

liam Freeman runs, under the appointment, un-
I'll March /, 1883. The present bill, however,
puts an end to Or. Freeman's term of office. |
refuse to make myself a party to this proceeding,
which L would do by giving my approval to the
bill now returned. 1t ia not pleasant TO be
obliged to differ from a majority of the Legisla-
tnre on the propriety of the passage of a bill, but
1t seems 10 me to be a plain duty to return this
bill, with an earnest EXPRESSION of dIsapproval.
Section Is provides that boys, for whatever
cause committed, may at any time be discharged
or released on trial by the board of control. In
the case of a person convicted of crime, it not
being treason or a case of impeachment, the
power of pardon resides, under the constitution,
IN the Governor. The Governor may pardon
absolutely or cOnditlOnally, but the power can
not be transferred by the Legislature to any
other person or to any body OF PERSONS.
NEW INSANE AsYLUMs.
On motion OfMr. Rahm, the bill, s. B. No. 81,
for the erection of three new insane asylums,
one TO be located at in
Senate proceedings early yesterday-was read
the thlrd time and passed-yeas 81, nays 8.
INDIANA REFORM SCHOOL FOR BOYS.
On motion of Mr.. voyles the Governors veto
of his bill, s. b. No. 81, for the more efficient
government of the Indiana Reform School for
Boys, was read.
MIR. Spann hoped the vote by which this bill
passed would be reconsidered, and the Govern
or's veto would be sustained. He could not sit
ldly by and see such a wrong perpetrated sim
ply for party purposes The history of this State
mas not shown so much lniquitlous legislation
purely and simply for partisan purposes. This
Dill leglslates out OF office men who have done
their duty well and fallhfully; there has been no
charge against any of them. One of them in his
county, In whom there is no guile, a brother of
a former Governor, who has been IGNORED since
his Inception into politics, and now, In his old
age, when he asked as a crumb that he be con-
tinued in Office, they turned him out to die be-
cause he would not be controlled and whipped
in like a dog by Democratic caucuses. Where is
the necessity Of legislating Pniby Bigger out of
Object Only FOR the purpose of satisfying the
greed of "A party Which, has been out of power
for twenty years. Then 1t legislates out of office
a soldier, who has done his whole duty. The his
tory of the next two years will bear out the
prophecy that in the next two years your re-
formatory institutions will need investigation.
Then he believed the bill to be of doubtful con-
stitutionality.
Mr.. Foulke would leave to Democratic con-
science the proDriety of passing a bill which
purpose 1t is TO legislate out OF office an old
soldier, VINO has performed faithfully his duties,
but there is a question beyond hattie ques-
ton of the constitutionality of this bill 1t has
been claimed all doubts should be given on the
side OF the constitution and against our right to
leglslate, hut IN this case there is no doubt. Tue
provision against the constitdtionality of this
Dill Is as plain as black and white. The power
OF pardon Is placed exclusively in the hands of
the Governor, while under this bill the board of
control of this institution may discharge or
release ON trial. That can be done by no power
IN the world but the executive, and by the letter
of the law that bill is unconstitutional.
Mr., Voyles was surprised any good lawyer
would say there was any question at all of n
constitutional character. This section now
objected to has been in the law for the last six
a Hdseths 4hiS bllA IL a AR anu .llhb
revision of all laws upon this subject. He
understands the Republican legislated ont of
office has been neg1gentin his duties IN being
absent from ten out OF twenty-four meetings of
the board in the past two years.
Mr.. Yaneey opposed the bill because 1t Is not
of his political complexion. He would not OBJ
ject so seriously to turning out Union soldiers
occasionally, If the Democratic party were not
so much in the habit of turning in soldiers who
fought on the other side. To-day there are be-
nevolent institutions governed by men who did
everything in their power to destroy the institu-
tons of their country.
Mr.. Bundy said that, compared with some po-
htical measures thrust upon us this session, he
regarded this as q small affair. 1t is not pre-
tended that the provisions of this bill are an i'm
Pavement upon the laws on the statute book.
The policy of the Democrats is TO fill the offices
If they can get them. The Insane Asylum of the
State, at indianapolis, so far as the subordinate
positions are concerned, is a house of refuge for
the Confederate army. The bill Is an outrage,
and ought not to pass.
Mr.. Graham made au objection to the bill when
before the Senate originally. that it was in viola
ton of the constitution. This might prove a
serious matter, II by this bill this institution will
be left without any government at all. The
senator from Cass admitted the purpose
OF the bill was to change its manage
very well. There is no complaint of
the statute governing this institution. Is it not
an Infamous and high-handed outrage, aud is
there not virtue enough on the Democratic side
of this chamber to say we will go no further in
this direction2 In the light of this bill he felt
like prophecying that IN both ends of this Gen
eTal Assembly, in two years from now, instead
OF a Democratic a Republican majority will be
found.
Mr.. Hilligass deprecated the wide range of
this discussion, especially its political direction.
He spoke of seven Democratic senators with
honorable discharges from the Union army, and
1t comes with bad grace for their fellow senators
70 charge upon theIu standing cheek by jOwl
with Confederate soldiers, and that there is
nothing that can be admired in the Democratic
party. We have sat pltiently and listened to
such TRADE, day in and day out, till forbearance
ceased to be q virtue. He demanded the pre-
vious question.
the demand was seconded by yeas %, nays 10,
and under the operations of the previous ques-
ton the bill was passed, the Governors ohjec-
ton to the contrary Notwithstanding, by yeas
%, nays 90.
The Senate then adjourned.