The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-09

originals. All this was done in the case OF
the pending amendments, and in entire
harmony with precedent in the passage of
every other amendment that has ever been
engrafted upon the constitution. The alb
surd and shadowy proposition of carrying
the resolution in the journals for reference
to the second Legislature, whereby they are
never without the control of the Legislature,
needs no other answer than the fact that the
journals themselves, by law, are deposited
with the Secretary of State within ten days
after the conclusion of each session.
There is no other place for
the journals; no waiting-room, or
limbo, or state of suspension in the interim
between the sessions of two successive Legs
latures. First or last whatever or wherever
the amendments may be, whether in the
journals, written or printed, or among the
enrolled acts and joint resolutions, they must
be in the custody of the Secretary Of State,
and there the pending amendments will be
found. A very simple and harmonious in
depreciation of the constitution as to the
reference" of the amendments will be for
the Governor or the Secretary of State to
communicate them to the Legislature, as they
are in their keeping by the express provision
of the statute, and by the terms of the con-
stitution must be referred" Who shall
refer them except they who are their legal
custodans2
This clubbing question as to the enroll
the journals of both houses has never re-
ceived judicial construction, but has
been settled by executive action. In
the case of the Wabash G. Erie canal
amendment, the most important amend
ment pecuniarily ever passed in
this State, Governor Baker called the at
tention of the Legislature to the precise de-
feet now claimed for the pending PROPOSE
tons. Not Democrat in that Legislature
challenged the correctness of Governor Ba-
ker's position, but in both houses the agree
ing vote was unanimous. Following Gov
ernor Baker, Governor Hendricks approved a
bill tor the submission of this amendment to
special election, and when it was ratified
issued his executive proclamation that 1T
had become part of the constitution in
obedience to the terms of that instrument
for its amendment. Governor Baker and
Governor Hendricks will be regarded quite
as good constitutional lawyers as the able
Mr.. Rice, Mr.. Artful Dodger Brown and Mr..
Bell, all of whom are rafting around with
great volubility, making much noise, but
accomplishing little except the display of
their own vacuous conceit. The Supreme
Court of Indiana has decided that the
courts cannot 60 behind the face
of properly enrolled bill, attested
Courts will assume that the legislative de-
partment of the government has followed
| the constitution in its work. The consttu-
tional amendments are enrolled at length,
they are properly signed and attested, and
by the principle of this decision those en-
rolled copies are unimpeachable evidence of
the action of the last Legislature. By the
law a certified copy of the original from the
Secretary of State is made as competent evil
dence as the original document. There will
be no trouble in obtaining both original and
as evidence of the action of the last, and the
Democratic party must be compelled to face
the record. Whether there has not been a
full compliance with article 49, section 3
which simply says that "the amendments
together with the yeas and nays thereon
shall be entered on the Journal" by the
entry of the title and the number of each
resolution, may afford question for country
school-house debate, or for the practice
of juvenile defenders of the con-
stitution; but among sensible full
their responsibility to the people upon their
consciences, there can be no question that
the pending constitutional amendments, the
genuine propositions favored by the last
legislature are before the present one for its
substantive action, and neither that oath nor
that responsibility can be fittingly answered
by lodging behind the puerile evasion, man
ufactured to order by Democratic leaders, in
the hope of relieving their party from a
question that will trouble them more than
any other since they assumed the champion
ship of the slave olgarchy against the will
and rights of the people.
1--WE are very decidedly in favor of letting
the people of each State amend their consti-