The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-31


county.
Il CONSTITUTIONAL AMENDMENTS.
On motion by Mr.. Hetfren, the House went
into committee of the whole for the further
consideration of the proposed constitutional
amendments. Mr.. Jewett took the chair.
Mr.. Wilson, OF Marion, thought that the men,
beers should divest themselves of party prrju-
dices, and approach this question with n
judicial turn of mind. Every man who enter
taiDs any doubt in his mind of the legality of the
pending amendments must give the constitution
the benefit OF the doubt. Section l OF article Is
provides that a proposed amendment must be
entered upon the journal. IL seems as though
certain members have read the constitution,
leaving this section OUT. This section is to the
constitution what Samson's hair was to his
strength. Does the words ''shall enter" mean
You may If yOu desiref There is no word In the
English language, taken in it's directory and
usual meaning SO imperative as the word
SHALL" When the constitution says that the
yeas and nays shall be entered upon the journal,
does it mean that Won may enter them or you
may not' II the constitution is, as the gentle
man claims. simply directory In the case of these
amendments, then lis simply directory in the
case OF Keeping n journal. His provision is
mandatory, and you cannot get around it'll Not
even the substance of these amendments have
been entered upen the journal | say to those
genJlenO. W 80 constitution
meant to spread at large, il would have said so:
that If the constitution meant to enter in sub
stance IL wound have said so.
Major Snaffer said: 1 do not know that 1
should say anything on this question which is
now before yon. You have had this question
discussed by some of the distinguished lawyers
OF tnlS state, ana Lney nave cOnnnen themselves
very closely TO the constitution. Now, gentle
men, l am no lawyer, but I want To present the
idea | entertain on this question. | say to Won,
gentlemen, that when l made my canvass | was
opposed to prohibition, hut in favor of submis-
sion at a special election, which l believe is right
and proper. | will SO record my vote. / am q
Democrat, and have been a Democrat for fifty
years. l do hope that they will give the people
the amendments and let them pass their judg-
ment upon them. l believe that the course that
some Democrats in the Senate and some Demo-
Gratis in the House re.pursuing will defeat them
two years from now. The great proportion of
the people in my county declare that he amend
ments should he submitted to the people. The
ladies especially, in the Democratic houses, de-
sire that they should be submitted. These are
the reasons why /. as a Democrat, believe thai
the amendments should be submitted. These
amendments were discussed in the Legislature
two years ago. They have been in the minds of
the people for the last two years. The people
are interested in the amendments, and desire to
have them passed ana submitted.
Mr.. Deem regarded the objection to consider
ing the constitutional amendments as entirely
technical. If they have not been properly re-
ferred TO this body, then all the excitement and
enthusiasm of the stupend0us political struggle
of last year was q gigantic farce and fraud. The
alleged lrregularlty turns upon the wOid en-
TERED. Tie clerk OF the House made no mistake
on this question when he made up The journal of
the last session, and his acts are sustained by a
proper interpretation of the English language,
aud are Endorsed by established precedent and
the highest judicial authority. What more
would gentlemen denand2
Mr.. Davis voted against these proposed con-
stiiutional amendment two years ago, believing
then, MS now, that il never was intended to id
vance the trne interests of temperance reform.
This question onght not he kept in suspense
simply for its Influences on future campaigns.
He desired action on this question now, leaving
the ultimate decision as to coAstitutionality to
Mr.. Gordon said: I regret that Demo
cratic members of the House have
seen hit to take their position
upon the ground or upon the view that the de-
cision of this question will affect she Democratic
party. Ihave not allowed myself to look at the
unagfiOn nf how IT, will affApf the nrnnPFaria
party in the future. | have tried to see how 1t
will, in the near or distant future, affect the
1t requires you to violate yonr oath. why, violate
your oath. l am of the opinion that these
amendments are not now pending before this
Assembly.
Mr.. Mellett sad: 1t occurs to me that any dis
cussiOn OF this question is more in the nature of
an obituary than anything else. The Importance
of the question has been alluded to by every
member who has undertook TO DISGUISE it. 1t is a
weli-knowr fact to us all that for two years it
has been the question above all others which
have been talked about by the people of Indi-
ana. 1t is OF vital Importance to the people of
this State. TO the people now living in the State,
and those who are TO come after them. 1t is not
necessary, nor is IL right, that the merits of
these amendments SHOULD be dismissed now. IL
is simply whether they shall be further submit
tel to the people, frcm whence they originated,
for further action thereon Iam ona OF the mem
bers who believe that these amendments are
properly pending before this General Assembly
for action thereon. | believe with the gentle
man from Clarke (Mr. GlbsOn) that it is not right
that il is not just tOdestroy them at the pres
ent time. It. is true, as the gentleman has sug-
gested, that the organic law OF any people, of
any nation, shonld be supreme. II ought To he
such rs could not be changed or torn down upon
any mere freak. pretext or pretense. But while
this is true, 1t is not less dangerous TO disregard
the fact that the power is given to the people 10
change their constitution. The question for us
now tn determine, the question for us now to de-
eide IN this House, regardless Of what may have
been done anywhere elae in regard to the amend
nients, is to do what we consider to be right in
the case. | believe that although these amend
ments were agreed to and adopted, under the cir
cuinstanees under which they were, that they
were doomed to die; | believe that the Judgment
was passed upon them lang before the meeting
of this Assembly. These amendments are fatally
entangled in a party wen. Mr.. Mellet, after some
further remarks, yielded the floor to Mr.. Cope
land.
Moved that the committed now arise, report
progress and ask to sit again at 2 O'Clock.
This motion was agreed to, and accordingly the