The Indianapolis journal., 1896-02-19

stance s,s,a no legislative power was exercised.
ne prociafnation. from the necessity OF
snc c<se, took the existing apportlonrnent
as IL stood at the last election under the
saw ana recommended the election OF
members TO iii the number necessary 10
make constitutional Senate and House os
Representatives upon precisely the same
ratio and apporfionment which existed
when tae General Assembly adjourned. In
the sane number, representing the same
territory and population as when you ad-
journed. you have assembled at the pres
ent time
Convened under the Constitution.
clothed 0y the people with the sovereign
power that belongs TO General Assembly,
II Is your duty TO fix. by Jaw. the number
OF senators and Representatives that shall
compose the future Legislatures. and TO ap-
portion such Senators and Representatives
among the several counties. according 10
above twelty-one years Of age In each"
The Legislature of 1851 passed an appor-
tionment act, but hardly upon a constitu-
tfonal enumeration. There is some evidence
going to show an attempt at an enumera-
ton. but owing TO the failure OF the law
10 provide any compensation for the work.
apparently The work was done in less than
half OF the counties. That this was the fact
Is SHOWN by Governor Mortoa's messags TO
the Legislature of 1865. since which time
enumerations have been regularly held.
governor Morton said:
GOV. MORTON'S POSITION
1T is not oreiitable TO the State that any
provision of its Constitution, mandatory in
its character, and not in conflict with the
national Constitution, should remain a dead
letter because of the nonaction of the legis-
lative department. IL lawmakers would
have their enactments obeyed by the masses
they should set an example Of obedience by
a prompt and faithful performance OF those
duties enjoined upon. them by the higher
law contained in the Constitution itself
More than fourteen years have elapsed
since the adoption of the present Constitu-
ton OF the State and 10 this day there are
two subjects on which its language is that
of positive command where there has been
subjects being almost vital TO the existence
OF the Legislature itself The first OF these
is the periodical enumeration OF the white
male Inhabitants above twenty -one years or
age and the periodical abportionment OF
Senators and Representatives. based upon
this enumeration.
"A literal compliance with the Constitu-
ton as to enumeration and apportionment
is now impossible, but the nearest practical
approach TO 1t should be promptly made.
To this end recommend the passage of an
act providing for an enumeration such as
is contemplated by the Constitution. 10 be
made in 1856. and another in the year 1871.
and another every six years after the year
1871. These periodical enumerations should be
provided for by a permanent enactment
piration of each period of six years. and TO
secure its enforcement there should be ade-
quate penalties for any failure or duty on
the part OF the officers charged with making
the enumerations To meet the present
emergency further recommend the passage
of a law, temporary in its character. max.
ing a new apportionment OF Senators and
Representatives on the basis Of the votes
cast at the presidential election In 1854.
such apportionment to continue until new
one can be based upon the enumeration re-
quired by the Constitution
One of the absurdities OF the situation Is
disclosed by Sec. of the Constitution OF
1852 which says: THE General Assembly
shall, at its second session after the adop-
ton of this Constitution, and every sixth
year thereafter cause an enumeration 10 be
made of all the male inhabitants over the
age of twenty-one years" The Constitution
here recognizes the existing Legislature and
the existing apportionment which had
double districts and was therefore uncon-
stitutional.
These facts are interesting more as his
tory than as establishing any precedents-
Governor Wright acted after the Legisla-
ture declared that IL could not agree and
he then only declared the existing apportion-
ment in force. He exercised no legislative
functions other than disclosed possibly IN
his recognition of the hold-over Senators.