The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-10-06
Evening Session.

The meeting was called to order at half past z
by the president, and the Central Glee Club sung
"Auld Lang Syne." Vice-president Hendricks
was then presented to the meeting and spoke as
follows: -
The several States of our Union are endowed
with all the powers that may be exercised by
free and independent communities, which are
not prohibited by their own constitutions, nor BY
the Constitution of the United States, and which
are consistent with their relations to each other
and to the federal Union. The work of revising
a State Constitution consists mainly in declaring
the rights of the people, in limiting and defining
the powers intended to be exercised, and In pro-
hibiling powers not intended to be exercised,
rather than in creating rights or comforting
powers not possessed. 1t will be observed.
therefore, that the amendments made by the
convention of 1861 consist mainly in providing
additional protection to natural rights, in re-
moving restrictions therefrom, and in regu-
lating the exercise of powers already recognized
AS existing. The legislative department. exer-
cises a discretion in its action far beyond that
permitted to either OF the other departments,
even extending to their control in important re-
spects, and therefore the amendments affecting
it and its mode of proceeding were of special inn
portance.
As briefly as possible, | will endeavor to revive
a recollection or the amendments made by the
convention. Under the old Constitution the ses-
sions of the Legislature were annual. The laws
were then subject to constant modification anG
repeal. Biennial sessions were substituted,
with the authority on the part of the Governor
to call extra sessions to provide for special
emergencies. Experience has shown the wisdom
of the change. Legislation has been moro care
fully conducted; the laws have become mora
stable; and the people have been able better to
know what the laws are. 1t was also provided
that no regular session should exceed s~ixty-one
days in length, nor any. special session forty
days. At the time of its adoption this limita-
ton was not, perhaps, too great, but experience
nVv hnUy1 h n 1 pau0n The nnn IA ftslN AL
thorough consideration of the constantly in
creasing subjects of legislation. This provision
may be readily modified under the clause pro-
viding for amendments. To promote care and
integrity in legislation, provisions were made
requiring every bill to be read throughout OF
three several days, unless the rule be suspended
on The call OF the ayes and noes; but on the final
passage the rule can not be suspended; and a
majority of all the members elected to
each branch, voting on the ayes and noes, shall be
necessary TO pass a bill. No law may be amend
ed by reference to its title; but the amended law
must be set forth at its full length. Under the
decisions of the courts the last provision is of but
modified value. 1t is often difficult to tell what
is amended and what is amendment The pro-
vision that no law shall embrace more than one
subject is useful and important. 1t has stopped
log-rolling in legislation; a meritorious measure
cannot now be made to carry one that has Meth
err merit nor strength.
Among the best reforms of the new Constitu-
ton was that which forbade special legislation
where general laws can be made applicable.
Under it special privileges have given way TO
public right, regulated by general legislation.
The provision authorizing the Legislature to
provide for suing the State does not appear to
have been demanded by pnblic Sc ntiment The
Legislature b as uniformly declined to exercise
the power conferred. The amendments affect
ing the executive department OF the State were
less important. The official terms of the Gov
ernor and Lieutent-governor were changed from
three to four years, so as to correspond with
the biennial sessions of the Leglsla-
ture, ard those officers were made
ineligible for more than four years In any period
of eight years, and 10 any other State Office dur
ing the term for which they were elected. The
Judges of the Supreme Court were formerly
chosen by appointment Of the Governor and con-
frmation by the Senate, and the judges Of the
Circuit Court by joint vote of the two branches
of the Legislature. BY the new Constitution
they are made elective. the former by the people
of tho State. and the latter by the people of the
circuit. They are ineligible to any other than
judicial Offices during the term for which they
are elected. The judges of the supreme Court
are required upon the decision of every case to
give a statement in writing Of each question
arising in the record. and TO make a decision
thereon. The repeal of that provision would re-
lleye that court of great labor, without. as / be-
iieve, any hurt TO the public interest Such reg
ulation mag be safely left to legislative discro-
ticr
6 ssnon the Legislative. power TO
The supreme