The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-08-07
4 oONsTIFUTIONAL CONFENTION.
Some Of the Salient Points Involved In the
Proposition for q New Constitution.

In addition to the general administration Of
State affairs the question of holding conven-
tion to revise the Constitution is prominent
issue in the State campaign. That this ques-
ton is put at issue by theopposition Of the Dem
ocratic party is greatly TO be regretted The
need Of thorough revision Of our State Consti-
tuition has been recognized and conceded for
some years past by the leading minds of the
State, without distinction of party Bills pro
viding for a convention to perform that work
have been introduced in several Legislatures,
and have been ably advocated and supported by
Democratic and Republican members of those
bodies. All parties would probably have con-
scented to the convention proposition this year
but for the existence of side issue in politics,
which was forced to the front by the adj
vocates and supporters of the liquor
traffic. Hence it is that a measure
conceded to be wise and necessary has become
the subject of partisan controversy The great
| masses of the people Of the State, however, are
not bound TO thisone interest of such doubtful
merit, or imbued with its fears and prejudices.
They will Investigate thequestionin its bearings
upon the general welfare of our Commonwealth,
and with view to securing that best end of all
civil government, 'the greatest good to the
| greatest NUMBER They will not be wise if they
permit purpose to favor that one class to be
an obstacle in the way of al, the various consti-
tutionaI reforms which are essential to all in
terests. The object of this paper is to aid such
an investigation by briefly pointing out some of
| the defects of DUR State Constitution and sug
costing some of the benefits that may be attained
! in its revision by convention chosen by the
| people for that2purpose s
l.u DEFECTS OF THE CONSTITUTION.
| The present Constitution has from the very
beginning been unsatisfactory. Those now liv-
| ing, whose memory runs back to the time of its
| adoption, thirty three years ago, know this to
| be true The historical evidence of it is found
| in the fact that mise only eight years after
Its adoption, the Legislature passed an act pro-
viding for convention to amend it facts 1853 p.
! 971I, but as no pains were taken to discuss the
subject, and all persons not voting upon it were
counted in the negative, the call was not made.
/ Several useful amendments have been made, as
patchwork. By the slow and uncertain process of
| the eoncurrenceI Of the two Legislatures and
then popular vote. Others have failed for
various reasons, some of which were purely
| technical If for any cause, or accident the
second Legislatures fail TO act upon proposal,
as it may, merely for want of time; the proposal
fails for the time being. 1t may be- asserted
| with confidentesth that adequate amendment in ala
thep particulars needed by legislative patchwork,
| is practically impossible The truth is that the
sessions Of the Legislature are so limited that
every hour is needed, and indeed insufficient to
do the work of ordinary legislation required so
that it is out of the question to give the consd-
GRAFTON and care required for the work Of con
stitutional amendment 1t is not an extreme
statement to say that two entire sessions would
be required to dol it properly, if all other bust
ness were wholly neglected.
Experience has shown that the present Consti-
tuition not well suited to the condition Of our
State, even in 1851, when we were an infant
1 Commonwealth. 1t has constantly rendered
nueatory statutes the most necessary and whole
some and which were demanded by the uni
yersal voice of the people, and is a constant OBJ
stacle to the enactment Of the most useful laws.
The school law Of 1852 was utterly wrecked upon
it, and the schools virtually closed for two years,
and so much doubt Of the possibility Of ever es7
tablishing system of public education was
created, that when new lawwas enacted, in 1855,
it had to remain scarcely half executed until the
validity of its most vital features could be tested
! blythe Judgment Of the courts. This is only one
! of the many notable examples. It is notorious
fact that from that day until now scarcely a
single important measure has been enacted that
has escaped plausible and serious question as to
| its constitutionality, and that many most whole
some ones the wisdom Of which nobody chat
lenged, have gone down. The memory of every
intelligent citizen will enable him to designate
instances. Thus are the people deprived of the
power to enact wise and necessary laws by
| Constitution which, instead of recognizing that
the people are capable of selfgovernment, in
numerous ways denies it practically.
| One of the most serious deficiencies of the
Constitution is its lack Of adaptabiity to present
conditions and surroundings. It was framed
and adopted over thirty years ago. when the
population of the State was less than one million
persons; when corporations were comparatively
few in number and Insignificant in power; when
there was less than three hundred miles Of rail
road in the State; when the telegraph was yet
an experiment, and sleeping cars, fast-freight
lines telephones and electric lights, and motors,
ETC., had not been dreamed of. Now we have
nine thousand miles of railroad and numerous
powerful corporations, which are subject only to
the control of the Legislature. If that body
should be corrupt there is scarcely limit to
the wrong it might infict upon the people for
the benefit of these corporations, If these cor
porations should combine and consolidate for
selfish purposes. the limit to their ravages
would probably be the measure of their rapacity
The rights of the people thus exposed and
threatened should be protected and secured in.
their organic law.
The public mind is aroused to the necessity of
reserying our lands for the citizens who viii
cultivate them, but there is no provision in our
Constitution forbidding the acquisition of every