The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-06
IN THE HOUSE.
Action on the Police and Appropriation
Bills-Other Matters.
0Os at u.
sine die.

Bills-Other Matters
MONDAY, March SO A. M.
House called to order by Mr. Speaker Bynum,
who announced prayer by Representative
Frazier, of Rush county.
The speaker stated the question before the
House was the appeal taken from the decision
Of the chair on Saturday, March 3, when he
ruled Mr. Kester's motion 20 take up H. b. No.
302 the general Appropriation bin, and con-
Cured in the report of the free conference com
mittee.
Mr. Jewett stated that he had examined the
question since that time and did not desire to
press the question, and with the consent of the
gentleman from Putnam (Mr. Gordon he would
withdraw the appeal
Mr.. Gordon stated that as the opportunity had
passed for accomplishing the object aimed at,
be was also DESTROYS to withdraw the appeal.
The Speaker stated that the appeal being with
drawn, the question required on the passage of
the Dill TO provide for the more profitable hiring
OF the convfcts IN the States prisons
Mr.. Smith, of Tippeeanoe, made the point of
order that Senate bill No. 247 cannot now be put
upop its PASSAGE for the reason that section Ia,
article D, of the constitution provides that no
bill shall be presented to the Governor within
two days next preceding the final adjournment
of the General Assembly.
The Speaker ruled the point of order not well
taken, and that the House could pass the bill at
the present time, but could not under the constf-
tuition present it to the Governor.
Mr.. McMullen thought the point of order made
by the gentleman from Tippeeanoe (Mr. Smth)
was not we'll taken. He took the position that
the House could pass the bill, and in case of an
extra session-arguing from the standpoint that
do not know that there will not be session
to-mOrrow-the bill could then he presented for
the Governors signature or veto. He took the
ground that under the constitution bill could
be presented to the Governor for two days next
preceding the final adjournment, but that bills
could be passed up to the final adjournment.
Mr. Jewett thought that in the consideration
of this question the House should proceed with
great deliberation- The constitution provides
that no bill shall be presented the Governor for
two days next preceding the hnal adjournment
of the General Assembly. He did not like to see
u plain provision of the constitution oyerrdden
eruor IN the dilemma of having a bill presented
to him at this late day. He would take that
back; he would wish to place him in any dilem-
ma, seeing the dilemma in which he has placed
the other house of this General Assembly.
Mr.. Shively desired to inquire into the status
of this bill. 1t occurred to him that any action
now would be totally at fault. He thought it
had been regarded by all General Assemblies
since the constitution was adopted that the leg
Islatlve day expired on Saturday night at IL
o'clock. He believed it was the first time in the
history of the constitution that any attempt has
been made TO pass a bill and do legislation on
the last day of the session. The constitution
says that no bill shall be presented, and when
send bill there we would be tramphng
upou the constitution.
Mr. Smith, of Tippeeanoe, desired to say that
the constitution Is above all other authority;
that any provisiOn-sf the statutes concerning
the business of the General Assembly could not
take precedence of the constitution. He agreed
with the remark made by the gentleman from
Washington (Mr Heffren) when he said last Sat
ur(iay that it was the last day in which bills
| could be presented TO the Governor
| MIR. Speaker Bynum thought the provisions OF
the constitution harmonic in all particulars
The question Of passing bill and the question
Of presenting bill to the Governor are two diff
ferent matters entirely. He thought it would
he wrong to present a bill at this time, still he
did not think that the legislative powers of this
body ceased Saturday night at IL O'clock. The
only question now is, whether or not we have
power to pass this bill.
Mr.. Gordon was member of the enrolling
committee, whose duty il was TO present bills to
the Governor, and he now desired 10 know If it
would not be their DUTY to present this bill to the
! he I'D ~ ha
Messrs. Frazier and Adams now sent up an
appeal from the decision of the chairman, in
which they set forth the point of order made by
Mr.. Smith, OF I1ppecanoe, and the rule of the
chair on that point.
| The Speaker called the representative from
| Dearborn county Cdr. McMullenl to the chair,
and took the floor to sustain his ruling
Mr.. Bynum did not desire TO be misunderstood.
| His opposition was simply this: He did not see
anything in the constitution limiting the power
OF this Legislature in the passage of bills up to
the last hour. He did not know whether or not
there was any precedent upon this question.
| The provision of the constitution which says
that no bill shall be presented to the Governor
within two days next preceding the final adj
journment does not prevent this House from
passing bills during that time, Mr.. Adams
| Gnterruptingl asked the question: Does Ger
tain section OF the constitution provide that TO
bill shall be presented to the Governor, and
does it not further provide that all bills passed
should be presented to the Governorll Certain
| ly; all bills passed up to the time of limitation
must he presented.
| Mr. Frazier thought that this question would
Il q
cedent. He hoped that the members would turn
to the constitution and examine 1t, that they
might vote knowingly upon this question. The
constitution provides that every bill passed by
the General Assembly shall ne presented to the
Governor, 1t further says that no bib shall be
presented to him for the two days next
the preceding final adjournment.
The only order eeiven by this
House that bill shall be presented TO the Coy
ernor is the passage of that bill. If pass rhis
bill to-day We thereby give order and power to
this enrolling committee TO present this bill to
the Governor. Allow me TO agree with the gem
tleman from Clarke aud Scott (Mr. Jewett) when
he said this would be establishing dangerous
precedent
Mr. Wilson, of Kosciusko, too argued the ques-
ton from the standp point the gentleman
who had just finished.
Mr.. Adams was of the opinion that II we
man from Dearborn (Mr MeMulleul had sug-
gested, we would have to admit that the conven-
ton which assembled hera thirty years ago au-
thorized the General Assembly to do something
thar could never mature into a law The con-
stitution provides that no bill shall pc presented
to the Governor for the two days next proceed
ing the final adjournment, and that ali bills
shall be presented to him. It simply means il
it means any thing in the world, that the Gen
eral Assembly shall not pass bills on the last
| elset would be giving the General Assembly
power to do something that could never mature
into law. 1t would he a mere farce.
Mr.. Heffren thought the question had been
ton, which he withdrew with the understanding
that the vote would be Immediately taken upon
appeal from the decision OF tue chair.
The question being shall the decision of the
chair stand as the Judgment of tile House, the
vote resulted yeas AZ, nays 43, so the chair was
Sustained.
message was received from the Governor