The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-27

I COInpIIe0
is found upon examination that none of the pro
posed amendments have been entered on the
journals of either house. There is a we'll known
all Judicial, legislative and deliberatiye bodies,
between filing, noticing and entering.
The committee rose, reported progress and
asked and obtained leave to sit again at o'clock
And then came a recess till that hour.
Afternoon Session.
The House again resolved itself into a commit
tee of The whole. MIR. Moody lin continuation of
| his speech) said the present constitution re-
quires that "if such proposed amendment be
agreed to, it shall be entered upon the journal. y
Looking over the journals, the proposed amend
ments are not to be found there; no entry of
them is to be found. The fact that they not
| to he found there entered is prima faeie evidence
that they are not agreed to. The only evidence
| Of their passage provided for, namely their entry
| on the journal, is not found. Mr. Moody con-
tinued at some length, citing authorities, reading
from the constitution, etc.
Nh, Wiley said: have no desire in the discus
sion of this question other than to do my duty
under the constitution as / understand 1t, and
voice the will of the people, whose servant am.
| from doubt. II 1t were free from doubt we would
not be discussing it. 1t seems to me that my
duty is marked out very plain.
| would be the last person who would under
| take to amend or change the original law of the
land, did believe that the essential steps were
not constitutonally taken. In government
like ours the people are the arbifers OF all
power 1 am glad that live in a country where
the people can speak, and the voice of the people
shall be the sovereign law. The question is, are
there any amendments which were proposed in
the last General Assembly and presented to this
General Assembly for our consideration will
admit that different tribunals in different States
| have made different decisions ON questions SINH
lar TO that we are discussing. The case in Iowa
on which the Supreme Court recently decided
was not similar to that in Indiana. The journa ais
Of the two houses Of the Iowa Legislature do
not show that the amendments passed the two
houses OF one General Assembly, and hence the
court held that the next General Assembly could
not assume jurisdiction over the same. II that
| Indiana would
emf with rs; but the journals of the two houses
| OF the Fifty-second General Assembly show that
the amendments did pass the two houses two
| years ago. This was not the case IN Iowa, and
hence the court held that the subsequent Legis-
latnre could not take jurisdiction of the question
| The journal ia emily TO keep record of the ac-
| tions of the House. No gentleman will attempt
to say that all the proceedings must be spread
at length upon the journals.
There Is another fact: Bills and resolutions
must be numbered; no two bills or resolutions
can have the same number. want To say to the
gentlemen here to-day that every bill and reso-
| luton passed two years ago can be traced by
/ any member of :his House, and there is no doubt
about 1t.
find by referring to the journals that four
joint resolutions were passed by the last General
Assembly. In the Senate there were two, and
! In the House find that, on page 1,016 of the
journal, the gentleman from Fayette (Mr. Hus-
toni introduced House JOINT resolution No. 81.
| / fibd them by tracing 1t through the journals,
! that 1t was properly acted upon by the House,
and that the clerk informed the Senate nf the
passage OF the resolution. find, by reference
/ to the Senate journal, that II referred to the
Senate, and that 1t passed that body, receiving
a majority Of the votes of the members; that it
was returned to the House, where it received a
majority of the votes of the members of this
House on its final passage, and that the same
was properly slgned by the Speaker OF the
| House and the President of the Senate.
| turn to the published acts OF the Assembly of
| 1881 find there certain laws and certain Joint
resolutions that wore agreed to by that General
Assembly, and among them ia House Joint reso.
| luton No. T. Mr.. W. continued at some length.
Mr.. Speaker Bynum said: trust that MEM
liz Nylll yfAla,
| those rules, which, under proper consideration,
might have required me to remain silent. do
not know that would have violated those rules
| had it not been that the House resolved itself
| into committee of the whole.t thereby giving me
an opportunity to en:er upon tho discussion OF
! this question. do not know that shall throw
| any light upon this question. 1t has been dis
cussed in the various phases until it has been
| worn threadbare. 1t ia claimed that these
amendments were properly passed and pro nerly
| referred to this General Assembly, l can say
with the gentleman from Benton (Mr. Wiley)
! that there are arguments for and against this
proposition. Now, apprehend that it makes no
difference whether an amendment is proposed
or IN some other manner. care not what you
call it, whether you call 1t bill, joint resolution
or what you call it, 1t must come
of the constitution, which L have read.
What led to the formation of the constitution
! of 1922 Under the constitution OF 1916 there
was no clause providing for its own amendment,
and the members well know that this provision
was the most Important that was proposed in
| proposed, but IL was decided that this was the
safest manner proposed for the amendment of
the constitution. The father of that provision
war Robert Dale Owen, who was one of she most
energetic and active members of the conven-
ton. am not here TO dispute the right OF the
| people to change their form OF government,
but am here to say the people Of a sovereign
State have no right to change their organic law
except in the manner laid down in the consttu-
| tiOn. The question is simply narrowed down as
to how the provisions of the constitution are to
be construed Gentlemen do not claim that they
found the resolution itself on the journal, but
they round description OF a resolution cor
| responding in number to the resolution No z.
| The word conferred" means to go into We have
| heard that this question has been passed upon
by two Governors; that 1t was passed upon in
the case of the Wabash & Erie cans and we ali
| respect the decisions of these Governors but
their decisions are of little weight in compari-
son with the decisions of the su-
preme Court or two States. Their
decisions are not binding upon the Legislature;
| in order to find decisions that are binding we
| should go to the decisions of the Supreme Courts
| of our country. The constitution requires
| amendments proposed 20 iJ to be entered upon
| The journals of each house, and it requires no
| lawyer, 1t requires no professor to understand
what that plain and simple provision means.
Gentlemen, after admitting the letter of The con
stitution has not been complied with. contend that
has been compiled with in spirit. 1t is not in the
power of any Legislature 10 provide any other
means to amend the constitution than the means
provided In the constitution itself. Our consti-
tuition is our government. Outside of the consti-
tuition We have no government Gentlemen say
they have traced this prohibitory amendment
| through the several stages of legislation to its
hnal passages but can any zone take the journals of
the two houses and tell what is embodied in that
resolution No one will attempt to do it. Mr. B.
read from the constitution from numerous judi
cial decisions. When he had concluded on mo
ton by Mr.. Shively the committee rose, reported
progress and asked leave to sit again ut 2
O'clock Monday
Then the House adjourned, under an order
adopted this forenoon, till Monday at 2 O'clock
Pm
The Harrington Divorce