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

form OF curtall1ng their useful activity?
The additional expense of longer sessions is
urged True, the cost is something but the
expense of half dozen sessions is not so
great as the cost and trouble occasoned by a
single vicious law--like the one, for insance,
in regard to decedents' estates, two years
ago. 1t is evident that the limitation
ought to be put in some other
evil of our legislatures, and not their
general working ability that ought TO be re-
strained. If our courts were unsatisfactory
we would think it strange remedy to pro-
vide that they should only convene every
second year, and sit for not more than two
months. If the executive functions of the
State were badly performed we would not
hope to mend matters by enacting that the
Governor could only act one month in the
year. Constitutional limitations are neces-
sary upon the powers of all three of the CO.
ordinate branches of the government, but
they should not be of this character How,
then, can we limit the capacity of our Gen
eral Assembly for mischief without at the
same time, abridging its power for good. OF
course. we cannot hope to eradicate entirely
the elements of evil which exist, but much
may be done by adding to the stringency of
our constitutional requirements against
haste and improvidence. A provision that
no bill should be put upon its final passage
unless printed copies were distributed among
all the members at least one day previous
provision similar to that in the United States
constitution respecting the veto power would
also be desirable AS the constitution now
stands, the examination and signing OF the
bill by the Governor is little more than an
idle form, for if he vetoes it, bare ma
jority in each house is sufficient to pass it
over the veto, and few Governors are
willing to impair their influence
by returning bills with their objections
when there is strong probability that the
houses which passed it in the first instance
will again agree to 1t by the same ma1orities.
But the most important requirement is that
some responsible and we'll qualified body
should be charged with the special duty of
drafting in the first place, before the session
of the Legislature, such legislation as may
be considered by the executive branch of the
government necessary or desirable In our
State the executive has no representative in
either house, and has 10 power to originate
bills in the General Assembly. If the Gov
ernor knows the necessity of some particular
measure of legislation. all he can do is to
''see some friend" in one of the two houses
privately and suggest to him the ACCESSIBILITY
OF the measure in question. Under the rules
OF parliamentary law 1t would be improper
for any member to state on the
floor of either house, that any measure
was suggested, promoted or OPP
tine government The theory of the law is
that the Governor is confined to a simple
approval or veto of such measures as have
been approved by Others. This is all wrong
The executive and administrative depart
ments of States have the best means of know
ing the operation of the laws and the needs
of legislation. They ought at least to be
heard in regard to any legislation which
they consider necessary. Open debate is
a much better species OF influence than pri-
vate solicitation. The messages sent to the
respective legislatures are wholly inadequate
CHI bo nod l,1rr
ing them and who see the necessity for them
and not committed to the management of
strangers. This should be done, as far as
possible. before the session commences, and
not during its hurry and turmoil.
In one or two days the week let priority
be given to proposed government legislation,
and the result will be that much better d.
gested system of laws will be introduced and
adopted. Then, instead of providing by law
that the regular sessions of the Legislature
should absolutely end at the expiration of
sixty DAYS, let it be left to the discretion of
the Governor to dissolve them at any time
afterward which he may deem advisable. At
present he must call them together in a spe-
cial session for forty days or not at all. Great
expense is occasioned by such extra session.
Frequently two or three days will accom-
plish all that is really necessary, as in case of
the passage of the appropriation bill at the
last session.
There can be no doubt that if the Governor
had the power to call the Legislature to-
gether for a sufficient time to pass the appro-
priaton bills without necessitating a session
of forty days, he would do so. Since he has
the right to determine whether or not there
shall be an extra session at ALL there would
seem to be no reason why he should not
have the right to determine its duration. In
England the executive power can dissolve
Parliament at any time. This power is
greater than we would be willing to confer I
The regular session ought at least to be in
dependent of any control of the executive.
But there is no reason that a special session,
which depends for it's very existence upon
his will, should not last as long as the CON
curing wishes of both branches Legislative
and eXecutive) should determine, nor why it
should not end pursuant to the SAME execu-
| tive discretion which called it into existence
! If the members were paid a salary per an
mum, and not a per diem allowance, there
would be pretty fair guaranty that their
sessions would not be Unfortunately long
The evils of giving too much power to the
executive have been so clearly appreciated
by the people of Indiana that we have gone
to the other extreme. and left our
Governor scarcely vestige of real
authority. A proper balance of
power between each of the great coordinate
| branches of government should be main
| tanned. True these changes cannot be made
| without a number of fundamental changes
| in constitution. But the time has come
both on this account and on others, when
thorough revision of our constitution is de-
sirable. This can only be accomplished
through the agency of constitutional con-
vention. A bill providing that such a con-
vention should be called was introduced at
the last session, but failed to receive consd-
Grafton through lack of time. The State is
ripe for the adoption of such measure. Let
the people show that they desire it and il
| will be accomplished.
WIN DUDLEY FoULKE
RICHMOND Oct. "a.
Prohibitionist's View.
To the Editor OF the Indianapolis Journal
However much any reader may differ with