The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-10-26


by a speech in favor of or against its provis-
ions, if a certain line of conduct in regard
to it will inure to the advantage of either of
the great political parties, it is now pretty
sure to receive some declamatory or
rhetorical criticism. or perhaps it is
made special order for some future hour
or day and is then discussed with all tine
fervor and acrimony of political ZEAL But in
regard to three-fourths of the really impor-
tant measures which come before a leglsla-
ture no discussion follows at all. The au-
thor of the bill is asked to explain its pro-
visions Gt is not pretended by anybody that
the members undertand it from the two
readings which it has undergone) If he be
present he gives them as fair statement of
it as he can in two or three minutes ii not,
he tells them only so much of it as he thinks
will induce them to pass it, emitting such
Hortions as would throw doubt upon its pop
ularity. The vote is taken on ordering the
bill to ensrossment Everybody votes ''aye"
except Que or two refractory members, who
vote mo" upon all bills without discrimina-
ton, and who, in consequence. fail to have
any measure of their own ever adopted, and
the bill passes in into the engrossers hands.
When the list of bills for third reading is
called it is too late TO offer amendments and
the measure must be adopted or rejected as
a whole. The same proceedings take place
on the final passage OF the bill which is then
sent to the other house, where these forms
are all repeated, with similar results. FIRE.
quently the person who drafts the bill, as
well as the committee who revise and con-
slider it, consist wholly of persons ignorant
of the law, who do not understand the mean
ing and legal effect of the words
they use, have no knowledge
of the previous law on the subject,
and who would be entirely unable to con-
strue or interpret the instrument which they
have prepared. This results in part from
the strong feeling which prevails in the COM
munty against the election of lawyers to
legislative positions The result is a collec-
ton of statutes difficult to interpret, and
which give rise to much litigation. 1t is
true there are always a considerable number
of lawyers in every legislative assembly, but
many of these are superficial and incompe-
tent men and the few who really understand
the necessities of legislation would be utter
ly unable even to peruse one-fourth part of
the proposed laws with which each branch
of the Legislature is flooded at every session.
One member can only give proper attention
to very few subjects, and a sensible man
confines his activity to few matters in
which he is specially interested.
But the above description of the pas
sage of bill in its various stages is
only applicable to few bills
introduced early in the session. when there
is annie time for consideration, both by the
committees and the house. When the ses-
sion approaches its close even the above
formalities are dispensed with. The sixty
days allotted to the session are scarcely half
over when the calendar becomes so crowded
that bills are no longer called in their regu-
lar order at all, and the consideration of
them is entirely abandoned, unless they are
brought up OH special motion, or made "a
special ORDER for some particular day or
hour Generally they are passed under
suspension OF the rules. A member will
rise, ask leave to offer his bill, move that the
constitutional rule be suspended, that the
bill be read first and second time by its
title only and read third time by sections,
and at once pct upon its passage. No refer
enGe to committee, no inspection and prae-
tically no amendment is possible. The sus-
pension of the rules it is true, requires a two
thirds vote, but each member has some bill
of his own which he knows will never be
passed so near the close of the session unless
the rules are suspended in his own favor. II
A opposes a suspension of the rules on BIS
bill, he knows that B will be very apt to re-
turn the compliment when his own bill
comes up. So little opposition is likely to
be made The rules are suspended, the bill
read only once, nobody listens, the author
explains" in speech of thirty seconds, and
the pill is declared passed About one
naf of the acts of our General Assem-
bly, are probably passed in this manner
in one house or the other. Local laws are al
most universally enacted in this manner.
affected states that the measure is universally
desired by those interested in its provisions;
nobody else has any disposition to interfere.
The member will be responsible to his con-
stituents. and the bill passes without a ques-
ton. Indeed. in all ordinary matters of local
legislation, this plan appears to be the only
one practicable, The representative of par
ticulaT community is ordinarily best quail
fed to judge of its needs, ami unless some
active opposition is shown or the expendi-
ture of public money is required, or some
vicious principle is involved, which will di-
rectly or indirectly affect the people of other
localities, it would seem best that this in
formal sort of local self-government should
be permitted. 1t was in this way that the
indianapolis legal publication bill became a
law Seeing that it affected no other locality,
and being assured that it was desired by the
people in that city, nobody from any other
part of the State took any special pains to
examine its provisions. But though the prin-
ciple OF nOn-interference from other quarters
is correct. some remedy ought to be provided
against the haste and inconsiderateness
which such nou-interference encourages 1t
is not, however, III local bills that the worst
effects of hasty legislation is seen. The most
important public measures, which are
crowded through at the end of the session,
are badly prepared, ll-digested, and fire.
quently involve unseen absurdities and evils
greater than those which they purport to rem
edy. We cannot hope for any considerable
Improvement in the character OF our laws
while the present forms and procedure of our
legislative bodies continue unaltered. We can
not hope that the character of the men whom
we send to represent us will materially i'm
prove under the present system. The change
must be more radical than that brought
about by biennial election. What, then, is
the remedy?
This is not so easy problem to solve as it
may seem. The first suggestion that occurs
is that since this haste is greatly due to the
short sessions, which are limited to sixty
DAYS by our constitution, the best way to
secure proper consideration for our laws
would be TO abolish this restriction. But
MANY fear that this would increase the capac-
ity for mischief of our General Assembly.
Bad as much of our legislation is the power