The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-25

unanimous vote, ninety-thfee members voting
Tor aud none voting against II; that II passed
joint resolution was duly enrolled,
signed by the President of the Senate ard
Speaker OF the House of Representatives, and is
deposited In the office of the Secretary OF State,
and Was printed and published with the laws
passed at the same session, Under these circum-
stances, | am clearly of the opinion that the
omisslen to spread the amendments at large on
the journals does not Vltlate IL. The provision
which says that the amendments shall be en-
tered on the Journals, II 1t means, indeed, that 1t
snail he copied at full length, is at most only d.
TectOy and not mandatory, and, consequently
tne amendment, il passed by the present General
Assembly and ratified by the peonle, will be
valid as part of the constitution" Here, sena-
tors, Is the declaration OF the executive branch
OF the government. What is done with itf The
House of Representatives and Senate, with this
question fully and fairly raised and presented to
them, agree to the amendment and provide for
its submission to a vote OF the people 1t was SO
submitted and ratified by them, and on the 7th
OF March, 1873. Hon. Thomas A. Hendricks,
Governor OF Indiana, issued his proclamation
that che said amendment 'had been duly rati-
fled ~ The people, and the sameis now part of
the constitution of Indiana. So, as a precedent
we Lave The action of one Assembly aud two
governors, representing different political ideas
deliberately holding the words "entered on The
journals" TO he directory merely, aud not absolute
ly etsential-a solemn intentional constructor
OF tbs constitution. This is said by an able seLa-
tor {. be no argument, and yet in this statement
he lies in the face of every authority on
the subject. In the case decided in Iowa
In tie last few DAYS great stress Is lad DIV
tne majority or the coufb0p0n tue tact uHuG uHe
praCtlce and custom in that State had been to
spread proposed amendments at large on the
Journals. and the court say "1hese amendments
were spread at large the journals OF both
houies. Here we have Legislative oOnstrnc-
tiO1 of the constitution which should not and
cannot be ignored" Ignore it and you overturn
an amendment which has been theught for some
years to be a part of our constitution; you bring
upon the evil from which thought our
selres safe aud secure.
l. is said that must consider this question
as awyers. If all the senators and representa-
uves were lawers, versed and skilled in the
neetes of constitutional construction, this pc.
siuOu might be tenabe, hut it 30 happens that
they not. Then, is it not proper that this
question shall he settled by another coordinate
branch Of the State governmeut-the judiciary
Ia not the Supreme Court the proper tribunal TO
decide the question: The question raised is in
its hest phase but technicality. Shall we not,
under our Oaths senators, decide that these
amendments are properly pending for our &C
ton, and leave IL TO the Judiciary TO decide
whether not this exercise of our provocative
has been done In accordance with the constitu-
tIOnf The manner of dispOsing OF this question
proposed by the majority of this committee
viii not satisfy the people OF Indiana. You may
kill these amendments by administering what
oUcOusder the strict letter of the constitution,
nut shall not he party to it. prefer rather
TO administer the spirit OF that Instrument, made
for the benefit OF the people of the State, and
do so as lawyer and representative Of the
people. The minority report should be con-
Cured in.