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

ever, relinquish regular occupations to Obtain
these places. under an expectation that the rate
of fees prevailing when they were elected Will
be substantially maintained. 1t might be JUST,
therefore, TO postpone the operation of the regu-
Eating act for a reasonable time after its passage:
A hin properly regulating fees and salaries VIII
require much thoughtful consideration, and
should engage your attention at IA very early pc
tOd OF the session.
CONSTITUTIONAL AMENDMENTS.
The first section Of the sixteenth article of the
State constitution is in the following languages:
Amy amendment or amendments to this con
stitution may lie proposed in either branch OF
the General Assembly; and IL the same shall be
agreed to by a majority of the members elected
TO each of the two houses, such proposed amend
ments shall, with the yeas and nays thereon, he
entered on their journals and referred To the
General Assembly to he chosen at the next gen
eral election; and If, in the General Assembly so
next chosen, such proposed amendment or
amendments shall he agreed to by a majority of
all the members elected TO each house, then IL
shall be the duty of the General Assembly to
submit such amendment or amendments to the
electors OF the State; and II a majority OF SAID
electors shall ratify the same, such amendment
or amendments shall become a part OF this con
StitutiOn."
At the special session of the General Assemblv
in 1881 several joint resolutions were intro
duced, which were passed by IA vote OF the ma
tOrity of the members elected to each of the two
houses, proposing certain amendments to the
constitution. The titles of the several resolu-
tons and their numbers were entered on the
journals of the two houses, together with the
yeas and nays on the passage. An enrolled
copy of each resolution, containing the amend
ment set out at full length, was signed by the
President of the Senate and the Speaker of the
House of Representatives, transmitted to the
Governor, and filed by him, in conformity TO
law, in the Office of the Secretary of State. In
the canvass for the election of senators and
representatives to the present General Assem-
bly,, the point, it is believed, was not raised that
proper steps had not been taken in the last Gen
eral Assembly to enable the present one to CON
slider the amendments. Since the election,
however, the. point has been raised,
through the public press. that the proposed
amendments are not in a condition to be consid-
cred by the present General Assembly, because,
~ Is said, they were not entered at length in the
journals of the two houses of the last General
Assembly. Neither of the points raised has been
settled in this State by any judicial decision. An
executive construction was given, however, to
ONE of them, in a message of Governor Baker, in
the case of what is known as the Wabash &
Erie canal amendment. That amendment was
not entered at length upon the journals of either
OF the two houses. The resOlut on by which the
amendment was proposed was referred to ia the
journals of each house by it's title merely, and
the enrolled copy thereof was signed by the pre-
siding officer of each house, and was duly f1ledin
the office of the Secretary of State. Governor
Baker maintained that this was u sufficient COM
phnnce with the terms of the constitution.
The constitution requires, IN the case or bills,
that upon the passage thereof the vote shall be
taken by yeas and nays and entered upon the
journals OF the Two houses. In a case where the
point was urged that an act was not In force be-
cause no entry of the yeas and navs on its pas
sage appeared In the journals, the Supreme
Court held that the signatures of the presiding
officers were conclusive evidence of the passage.
lub ullOn is slituI Respecting luP ihu
nef in which a proposed amendment shall be re-
ferreG from the first to the second General AS
Beinbly. The main object, no doubt, is to get it
before the second Assembly. If the genuine
resolution passed comes before the second AS
semhly and is acted upon, the object of "A refer
ence would seem to have been attained, and the
pur pose of the trainers OF that instrument to
have been carried out. There was, I believe, no
formal reference of the amendments adopted in
1881 by the first TO the second General Assem-
bly,.
In the canvass last autumn 1t is said that
some of the senators and representatives who
were chosen at the November election publicly
pledged themselves that, if they were chosen,
they would vote at the present session TO submit
the amendments to the electors at "A special cleo
tion. Without saying anything respecting the
merits of the several amendments, l can frankly
express "a belief that pledges, upon which cleo
tors were induced to vote for gentlemen holding
seats in either of the two houses of this Assem-
bly,, will not be disregardeu, except for over
whelming reasons.
CONCLUSION.
The Importance of the subjects which will en-
gage your attention during the session, and the
limited time allowed to you by the constitution
for their consideration, will require you to enter
early and vigorously upon your work, 1t will
give me pleasure to supply YOU with such tacili-
ties for the performance of your duties as can
be furnished by the Executive Department..
And I trust that, under the guidance of Divine
Providence, error may be avoided, and the best
interests of the people suhserved.
ALBERT G. PORrER
EXECUTIVE DEPARTMENT, Jan. S, 1888.
CITY COUNCIL.