The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1885-10-21

comple.eneSs-
But the instrument Is in marked degree the
outgrOwth oi the actual experience Of "A people.
The system OF local township government only
existed IN Eve cOuutic> 81 the state; the counties
in their organized cai'acitN were unPreteudlnS
and inexpensive. the power OF ccIpoBtiOnS a.
ycf not felt either in controlling business Affairs
or influencing legislation. hence al ct these sub
jects were ia the main RENTED 10 The Legislature
As TO corporations IL l. ProYised rs ioilo"> IN
Article Il;
section rs. Competitions other than banking
shall not be created by special act, but may DC
formed under general laws.
section n, Dues from corporations other than
banking shall be secured BY such individual liza
bilty OF the cOrpOFatOrs or other means as may
be prescribed By law"
These. in the light OF thiriy-iOur years OF eXpe-
rience. feeble provisions Legislatures sell
dom meet such subject 10 advantage.
Great corporate interests can only be c0nSid-
a. the reorganization OF "a state government. ar
rest the attention aud arOuSes the Vigilance. oi
whole people then the general, not special inter
NGr was ii then clearly seen how eG-ctually
public debt and taxation, those ingenious meth
DDS 0i modern times Tor reaching the fruits
OF the labor OF the many Tor the ad-
vantage OF the few could flourish under the shelter
Of municipal corporations, townships, counties,
towns and cities. yet 10 WAS known, Tor II Is eN-
press cd in the Constitution aS to the state. that
only an extraordinary emergency. clearly defined.
could justify public debt in any form. for with
this pOwerC i municipal credit in exercise. ccau-
omy is impossible aud the integrity of the public
body employing Il in constant peril
amendments made Ia the Constitutions none ot
which affect the vital provisions OF the nstru-
meni it i safe 10 say that OF all the constitutions
adopted at and near that period land II was
period OF rcfOrml by the States OF the MON in
the giant race OF progress, that OF Indiana alone
still meets substantially the requirements OF the
state. II il was otherwise / doubt gentlemen
whether this pleasant reunion would have "c-
cured.
fruits The Constitution provided for a session
Of the General Assembly al the first Monday OF
december. lSjl, and il was made the duty OF that
body to provide Tor a commission OF three citi-
zcns 10 revise. simplify and abridgc the rules OF
pleading and practice in the courts OF Justice
10 l. cmnCntly proper that the surviving mem
ber> OF that convention and OF the First General
Assembly held under the new Constitution should
meet together on this interesting occasion. They
were engaged in the same common work. The
task ol that General Assembly was 10 give vitality
and FORE the great reforms provided for in the
Constitution aud TO enact a system Of laws IN
harmony with that instrument. Many citizens
of the state were members 0i both oi these
bodies
The first fruits Of the new Constitution were the
revised statutes Of lN2. Now gentlemen. | ad-
init that thatGcneralASsCmhlywa mater Illy aided
by the commissioner have named in the prcpar-
alton Oi the tir~t DRAFT al the code OF pleading and
practice, Tor the commission 'id is work exceed
ingly we'll. and was also materially aided by
commission Of it, own number AMI by the then
recent cXpcricucc of two states in law re-
fOrm-yct ] do shy that the magnitude
of the work performed by that General Assembly
and it, value : tested 10y experience ar without
a
hliy years, beginning with the orsanlaiion
al the Territory al Indiana. the legislation of
both Territory and state had been largely local
and special Vast volumes Oi SEcli laws had ac
cumuatcd through the long years and applied 10
every conceivable field of government aud ofli-
cer, even to the administration al Justice. the
probate, al wills and the administration oi e.
tatcS. Under some OF these permanent rights
had been acquired: these were To- remain In force;
all the rest al this rubbish Oi special AMI local
legislation was To bc wiped out The sessions
had been annual and the laws compiled
into the code of 1876 prepared by com
mission lIbc third since the coGe ot lsVS.i y
yOluminOus compilation. enlarged 10y successive
sessions 20 iS0. were either To- be- repealed or
amended To conform t0 the new Constitution.
General laws, appliable TO the whole state were
10 take the place OF old partial and irgmeutarv
system. Courts OF Justice were tu he organized.
salaries fixed. county and tow n>hip business pro
Nlded lor' "A general law TOT inc Incorporation oi
towns and cities the OrGanl alton Of general
AMI uniform system 81 common schools wherein
tuition should ne without charge ana equally
open 10 all. and all else necessary iOr
the government al great commonwealth.
The work Oi the Commission was care
and important changes made. The two Houses
and their committees worked tremendously to
result. IL an industrious body of legislators
rCsOlute 10 complete the work OF reform inaug
urated by the convention. believe. gentlemen.
that this is the only instance in our history where
a General Assembly. without the aid oil a previous
Commission. effected general revision OF the
laws OF the State. Permit me TO add
that that revision constitutes the body Of the
laws OF the State 10 this day. modified aud en-
largcd as public interests have from time to
time required.
But one measure in that entire revision failed
to stand the test Oi experience.
beg leave to glance az very lew meas
ures of that General Assembly and SubSc-
quent events. Prior 10 1850 the township
system "i loSai government tNlsted III .iFc
counties. and ny this first GeneTal Assembly
was made the general township system Of the
state. 10 came 10 us from New England The
local business of each township. as a body polite
"A
elected for one year, who held regular
opcn sessions and kept a record nl their
proceedings They had "a Clerk and Treas
urcr. 10 was found 10 De- inexpensive system
in which the local affairs OF each township were
transacted under the eye OF its people. The i'm
pVitai features al the system were that II was a
board OicitzcnS tranSactng in open session the 10
cal business Of the township, and could only speak
by the public records IL Was required to keep.
Tie argument in favor OF the system was the
economy and convenience OF transactng purely
local affairs By a pablo board OF citizens under
the immediate supervision Oi the citizens affected
by IL proceedings. subsequent change OF that
law dispensed with the hoard and the public Ses-
siODS and public record. and substituted Il single
Trustee with. in some respects, enlarged powers
II the argument ier this vas that IL reduced the
number of public officers. beg leave 10 SugGcs {
inst The mere reduction Oi the number0 i pubic
officers connected with the taxing power l. sci
dom. il ever measure oi economy. and never oi
public safety.
Besides familiarity with public affairs incident
20 official experience especially i'm the primary
local Governments OF the largest number Of citi-
importance This much, think. ought Ia DC
said in support OF the theory which that first
General Assembly organized The township sys-
tenn AMI the extraordinary change subsequently
made.
I'm the convention one of the most spirited and
interesting debate, arose ON proposition
submitted 10y Mr.. owen. the learned and
distinguished delegate from PO~cy County,
| touching the property rights ot married
| women. 10 was not adopted mainly
] think because the convention considered Id a
subject for legislation not for constitutional pro-
vision and because IL Wa not confined TO rights Of
property.
The General Assembly took the matter i'm hand.
a they did the venerable system OF comp icatetl
technical learning. the work Of successive centl-
| res known a pleading and practice in the Courts
OF Justice AZ common law. Cur fathers brought
with them from the old world the venerable SvS-
TEN Of tcuurCS O lands and Of judicial procedure.
/ which had their origin in the ieudalism Of the
middieagc Reform in those ancient institutions
Wasdemsnded. The great historian Of America has
written that when 1.-THE new world was discovered
Legend was widely dillu,ed throughout the old.
! ihat 10 concealed fountain whose ever flowing
waters terminated and restored il to it,
prime The legend say the historian was true
| but the youth 10 be nenewed was the youth OF
society: the life Ia bloom afresh was the lie OF
/ the race
| Feudalism was in it, origin the camp OF
Tauding chicitain, and his rugged followers
| transformed. as il were, into n state in which
lands were held by the tenure OF the sword with
| laws a. rigid and rcmOrscess the parchment on
I A.. ~