The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-06

certitication of the proceedings had at the last
General Assembly, and as to whether or not
those proceedings were fatal. 1t is necessary to
know what the law is, aud it is proper to know
what has been the former practice as to Yuend-
ments proposed 70 the constitution of this State.
1t is true the custom does not make law, but
legislative Interpretation as to the passage of
such amendments is certainly a good argument
In the consideration of this question. 1t seems to
me we should have everything before us
l am not willing that the Judiciary
shall determine whether or not this matter is
properly before us. Let each senator determine
that for himself. We should judge OF these
things by the highest evidence we can get.
Mr.. Wlllard-lt seems to me We Will nave a
Judiciary COMMITTEES which will examine care
fully all legal questions which may be presented
TO the Senate during the session, That COM
mittee Will have an opportunity 80 look into this
entire matter, and when it makes a report the
that the senator from Wayne INT.
FOulke) desires will beImade IA part of that report,
If that committee shall desire any information
from the Secretary OF State, or from any. other
officer, they have it in their power TO ask for the
passage of a resolution requiring It to be
furnished, and we should not now in advance OF
the formation of that committee usurp TO a
certain extent the powers of that committee.
When it comes to investigate this question their
report will bring to the Senate every particle OF
information, | trust, that can be obtained from
the records of the State.
Mr.. VOyles-The design of the Senator from
Delaware (Mr. Smithl as l read his resolution, is
to obtain not only a certified copy of the pro-
ceeding in relation to the constitutional amend.
meuts, but also an opinion from the Secretary OF
State on that subject. l do not know why we
shonld seek his opinion unless 1t be TO give him
an opportunity to carry out some of his former
pied ges. 1 am reliably informed that he was in
vlted to give his opinion on those amendments
during the last canvass, and he SAID he was
formulating his opinion, and in due time would
promulSate that opinion. 1t may be that the
Senator form Delawar desires to give him an
opportunity to prOmulgate his opinion. But
aside from that l think That we can get at the
facts without reference to any ones opinion on
the legality OF standing of the amendments. L
think the proper way Will be to refer the resolu-
ton TO the Judiciary Committee.
MIR. Spann-It seems to me that there is but
one object with the senators on the other side of
this chamber in urging that this resolution be
referred to the Judiciary Committee. Ii referred
to the Judiciary mi it means simply
that 1t shall never reach the Secretary of States
office. The Judiciary Committee will be made up
OF a IN majority of members from the other side,
who viii simply say we do not desire any certlfi-
cate from the Secretary of State to settle any
question. We will simply report that 1t is mad
visable or inexpedient to hear from the gentle
man known as the Secretary of State, and conse-
quently il this resolution goes to that commit
tee it Will sleep the sleep of death. lam glad to
know that the senator from jackson (Mr.
Brown, in his eloquent remarks this morning,
In stopping over led us to believe that they ex-
pect to carry out the platform made In the last
campaign to ignore the temDeraaee movement
fer this resolution to the Judiciary Committee,
aud there xii. it,.
Mr., Bell regret that this question Is being
forced upon us as a political questions; neither do
[ know by what authority the Senator from
Rush Mr.. SPannl states what the action of the
Judiciary Committee will be. NV object in
having this resolution go TO the Judiciary Com
mittee is, they being lawyers, will know what
Information is necessary in order to pass intelll-
gently upon this question, and l hope they will
not find 1t necessary to involve IL with others,
but present the bold, bare question. and present
II fairly and squarelv. l have no opinion upon
1t, because | am not cOnversant with the facts.
Mr.. Campbell-i am unable to comprehend why
the simple resolution that the Senator has offered
should he regarded in any sense PARTISAN; neither
can comprehend why IL should have any refer
ence, directly or indirectly, to the sentiments of
any member of the Senate on the temperance
question:; neither do | understand that the res0-
luton asks directly or Indirectly tine opinion of
anybody. 1t asks documents to be placed on
our desks: that we may know exactly the
wording of the records. as we have a
right to know. / do not see that this vote should
have any partisan bearing whatever. | under
stand the object of sending any paper to a com
mittee is for the purpose OF having the opinion
of that committee IN regard to the validity OF
such paper or proposed action. The resolution
asks for no action, except the transmission to
us, for perusal, OF u simple pablo record. lap-
prehend no senator questions the validity OF
such transmission, and that nobody doubts but
that we have a legal right TO ask that a copy of
such records may be spread before us. Then,
why should the resolution oe sent to the j udicl-
AIRY Committed l am opposed to the submission
of this question to a committee, because / be-
lieve it is so plain that we don't need any light
from such a source.
Mr.. F0ulke-I am opposed to leaving it to the
discretion of any committee as to whether the
Senate shall have sufficient data for its invest1-
cations, aud thai is what this proposition is.
Are We to have full and complete data for our
investigation as TO whether THESE amendments
are before us or not? / see no reason for sub
hitting it TO the Judiciary Committee, unless 1t
be to stitie this matter.
Mr.. Smlth-In the introduction of this resolu-
ton I had no idea of causing this debate. There
is nothing in it but to request the Secretary OF
State to furnish certain information. IL asks no
opinion. 1 would not be willing to Respect his
opinion, because 1t il no better than that of any
senator on this floor. Senators have gone into
a discussion of the constitution ana other things
not connected with this matter. The question
before the Senate is upon the reference OF the
resolution to the Judiciary Committee. | am
opposed TO that reference for two reasons: First,
there is nothing In IL for the Judiciary Commit
tee to consider; there is not a legal or cOnstitu-
tiOnal question in II; and, in the second place, we
would not get Il return of IT., fear, in the form
of a report from that committee, in time for the
information asked to benefit us. Now, | move
to lay the motion to refer to the Judiciary Com
mittee on the table.
This motion was rejected-yeas u, nays 27.
Mr.. Buudy moved to amend the motion to
later than Wednesday,
The amendment was agreed to, and the mo-
ton as amended was agreed to.
The Secretary OF STATE was instructed to pro-
vide MEMBERS with the Revised Statutes.
Mr.. Hilligtss offered a resolution requiring the
superintendent of Public instruction to furnish
q statement of the total amount of money un-
loaned school fund in the several counties of this
State, which was referred TO the Judiciary COM
mlttee.
Pending the consideration of II resolution to
furnish members with stationery, the Senate adj
journed.
IN THE HOUSE.