The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-04-04

| United States Senator said: at is said that
| the business of the last hours of the session.
| thrown upon the hands of the Governor en-
masse, should become void if he does not
send it back. l think it should not I think
that the Legislature should not allow them
selves, by any means, whether proper or inn
proper, to delay the business until within
five days OF the end of the session for the ex-
press purpose of burdening the Governor
unnecessarily. They ought to get through
and send all bills to the Governor as fast as
they can"
AT the same time Robert Dale Owen said:
II am ready to vote for a clause in the con-
stitntion that no new bill shall be intro
duced during the last three days of the ses-
SION. believe this will be a salutary pro-
vision. | believe that more harm is done
during the last few days of a session than in
all the preceding weeks"
Mr.. Rarden again said: my proposition
is that If the Governor does not return the
bill with his objection to it in time for the
two houses of the General Assembly to act
upon it, it should be a law, Notwithstanding
the veto. That is what am aiming at.
Il would rather see such a provision as
this adopted, viz; that no matter shall be
finally acted upon;' that is, that final vote
shall not be taken within Il certain time of
the final adjournment, than TO say that no
new matter shall be introduced"
In the Debates it is further stated that
Mr.. Kelso moved to amend the amendment
So as to provide that the Legislature may. by
majority of two-thirds pass any law within
the last three days OF the session." This
was laid upon the table. Walter Marsh, of
Delaware county, moved to instruct the COM
mlttees to report prepared clause to the con-
stitution like that prepared by Mr., Kelso, of
Switzerland county, This was voted down
Dec. 80 1850
Jan. g. 1851, when this section of the con-
stituton was under discussion, Mr.. Ma
guire observed that he had no particular OBJ
lection to the proposition except that part
of it which provided that no bill should
be sent to the Governor during the
two last days of the session. He
did not see what use there was in having the
Legislature in session if it were not at liberty
to send bills to the Governor for his APP
proval until the end of the session."
These passages are quoted to show that the
Legislature fully appreciated the evil of
pocket vetoes," and sought to remedy it, at
the same time giving the Governor no excuse
for resorting to such practices, by granting
him ample time to consider all bills passed
near the end of the session. and return
those bills Objectionable to him to the Legis-
lature, with his reasons assigned, within the
two last days of the session, so that that
body could then reconsider the bills returned
and pass them, if it saw fit. The conven-
TONS action was not hasty. An evil was to
be remedied, and it sought to do so. The
WOEuS Vi tHG CONSTITUTION were well WGI0lleu
and carefully considered. They have their
meaning.
If we adopt the construction commended for
by the Democratic leaders-that the Gov
ernor could have waived this clause of the
constitution and signed the appropriation
bill-then we must hold that these words of
that instrument are purely directory. This
IS quite an innovation upon the well-known
rules of Interpretation, and one not adopted
by lawyers or courts.
Our Supreme Court has said that 1.-The
trainers OF the constitution must be under
stood to have employed words in their nat
ural sense, and to have intended what they
said" ga Ind, D. 202. Such is the Ian
guage, too, of the Supreme Court of the
United States Then we have the plain Ian
guage of the constitution prohibiting the
presentation of any bill to the Governor
within two days next previous to the final
adjournment OF the General Assembly. This
means exactly what it says. and no
other conclusion can be reached. The
trainers of our constitution weighed well
what they said and used plain language
The language is that mo bill shall be pre-
sented to the Governor within two days"
etc. This imposes a disability upon the
Legislature, not upon the Governor. That
body cannot within the forbidden time, pre-
sent bill to him, no more in fact, than a
court can render judgment when not in
session. The power of the Legislature is
taken away. 1t cannot raise itself above the
constitution.
If Mr., Moody is honest in his pretensions
land charity should impel us to so regard
him), then his exhibition of legal acumen
and knowledge is pitiable, and the sooner the
people of this State adopt an amendment to
the constitution prohibitn men so ignorant
from practicing law the better it will be for
their clients and for the reputation of the
State W. W. THORNTON.
CRAWFoRDsvILLE Ind.