The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-26
IN THE HOUSE.


IN THE HOUSE.
The Cosnty-Seat Bill Further Considered
The Constitutional Amendments Debated.
THURSDAY. Jan. 25. 10 A. NJ
Prayer by the Rev. David Walk, of the Central
Christian Chapel, of Indianapolis.
The call of the House being taken, ninety five
members answered TO their names.
THE CoUNTY-sEAT BILL
The Speaker announced that the first thing in
adjourned on yesterday to recommit H. B. No.
81, for the relocation of county seats to the
committee on county and township business.
Mr. BraZelton said: It stated or iDsinu-
ated by the gentleman from Marion lMr. Wilson,
on yesterday that the mover OF this bill appeared
before the COMMITTEES when the same was con-
sidered confess that did, as had a right to
do, and every member OF the committee will
bear me out in saying that did not in any man
her urgently insist or antagonze their action in
the least. take it that this motion TO reoommt
ID simply a diatOry measure only. The gentle
man from Marion said that the bill repealed n
certain law. and answer that the bill does. but
understand thar that law was enacted for the
county which mad the honor to represent.
As the law now stands, II every man, woman
and child In the county desired to change tie
location of the county seat, they could not do it,
Mr.. BrazelJOn continued at some length in op-
position to the motion to recommlt.
Mr. Adams stated that he wonld not have said
ANYTHING on this question had ne not been called
ont by the remarks made by certain members
while discussing the subject. He thought that
IL it was fair and honest bill, gentlemen ought
not to object to it's going back to the committee
so that persons might appear before the COM
mittee who represented the opposition TO the
bill. He said that the bill was introduced on
the tenth day Of January, and on the 18TH OF
January it was reported back from the commit
tee. l am told by a gentleman that before ever
they knew that the bill was before the House 1t
had come back from the committee. say that
1t is but fair and equitable that three men should
be allowed to go before this committee and pre-
sent their side of the question.
Mr. Frazier, OF KOsciuskO made a brief argu-
~ in nh oh hn GnId fhsa nnR
tions which suggest themselves in the investiga-
CATION OF this question: nearly all can be settled
by argument and without debate. 1t viii be
conceded by all
l. That Senate joint resolutions Nos. 6 and z,
and House joint resolutions Nos. and were
properly proposed in the respective branches OF
the FIT second General acknowledgements
ton, article l6, section7,
.. That these resolutions were entered upon
the journals OF each house in the same manner
in which bills are entered npon the journals, /.
e.: by copying the number and the title thereof
in full, in accordance with article 4, section IL
of the constitution.
3. That upon their passage each of these reso-
buttons received the votes and were agreed to
by majority of the members elected to each
of the two houses of the Fifty-seeond General
Assembly Article 16, section 1 OF the consttu-
ton.
resolutions were entered upon the journals OF
the Senate and House in accordance with aFti-
Gle 16 section of the constitution.
3. That Senate joint resolutions and and
House joint resolutions and were enrolled
and authenticated by the presiding officers of
the two houses of the last General Assembly pre-.
cisely required by act 4, section 20 OF the con
stitutinn.
6. That these joint resolutions were properly
deposited in the office OF the Secretary OF State,
as provided by section 2,582, X. s. 1881.
z. That the enrolled and authenticated copies
in the Secretary's office are exact copies of the
original resolutions as filed in the office
of the State Librarian, in accordance with sec-
ton 1882 r s. 1881.
8. That these resolutions were not entered at
full length upon the journals of either house.
.. That they were not in words referred to this
General Assembly
The two last points are the only ones upon
which there is any disagreement. After the ar
gument of these Mr.. Frazier concluded:
at is not the entry upon tho journal which
gives effect TO an amendment to the constitution;
it is the votes of "a majority of the members
elected to each OF the houses
"In Indiana the Legislature SO construed the
constitution in 1872. In Kansas the same CON
struction has been given by the Legislature, and
is followed by the Supreme Court. In Iowa the
opposite construction had been given by the
Legislature, and is followed by the Supreme
Court in its recent decision Having thus
sembly did propose these amendments To the
constitution, it is sufficient to say that the con
stitutiOn by its own force refers them to this
General Assembly for its action.
every step then required in terms, either by
the constitution by the statute, has been
taken, all of the explicit provisions have been
followed literally, ana il these amendments are
now declared not to be- before this General AS
sembly it Will be upon n fimsy teohuicality."
Mr. Moody desired to know who should de.
eide a question of relocation IL 60 per cent. OF
the inhabitants of county cannot. This CON-
mittee has had the bin under consideration once,
and II had better lie on the table than be recon-
mitted. The House ought to act upon it now
The motion TO recommlt was rejected by yeas
SO, nays 81. The bill was ordered engrossed for
the third reading. Then came recess for din
ner.