The Indianapolis journal., 1896-02-19
A BIT OF OLD HISTORY.
How Gov. Joseph A. Wright Dealt
with q Similar Problem.


with a Similar Problem.
An interesting bit of history was recalled
yesterday in relation to the apportionment
Democratic authority that the hold-over
Senators cannot be disturbed, and that this
is not the first time the State has been in
volved in an uncertainty by a failure of one
department of the government to do its
duty.
The Constitution of 1852, now in force,
provided that the State should be enumer-
ated at the second session after its adop-
ton, and every six years thereafter there
should be an enumeration and apportion-
ment for legislative purposes. The stormy
session of 1855 followed shortly afterward,
when, in violation of the provisions Of the
Constitution, no apportionment law was
passed. The sessions of the House ended
with the passage of the following resolu-
tion:
whereas. owing to want of time or dis
agreement between the two houses, many
important measures have failed! to pass,
and no apportionment bill has been passed.
in consequence of which no future Legis-
lature can be elected, therefore
Resolved, That. in opinion of this House,
1t will be the duty of the Governor to call
a special session of the Legislature at such
time as he may deem proper and at such
season as may be least inconvenient to the
members of the two houses"
Joseph A. Wright was Governor at that
time and he did not CAL a special session,
but cleared the atmosphere by proclana-
tion July 3. 1856. which, while it had the
aspect of revolution. was a harmless act.
Recognizing the since wel-established rule
that the last existing apportionment stood,
he called the people TO elect Legislature
under apportionment law apparently
created by himself, but which, an analysis
showed, was the apportionment of 1851. the
last preceding. In this proclamation, how
ever, he recognized the hold-over Senators
and called for an election in only twenty
five senatorial districts, establishing pre-
cedent. In explanation Of this proclama-
ton and showing it's harmlessness, he said
in his message to the Legislature of 1851:
GOV. WRIGHTS MESSAGE.
ION the Sd of July last a proclamation
was issued by the executive upon the sub
ject of the apportionment of Senators and
Representatives and their election. The
Constitution, which is the paramount law
of the land, provides for and establishes
General Assembly, to be composed of the
members of Senate and House of Repre-
sentatives, who are required TO ho.d be-
ennial sessions at the capital of the State
on the Thursday next after the first Mon
day of January. 1853, and on the same day
OF every second year thereafter. Under
this Constitution a Legislature enacted and
established an apportionment law, dividing
the State into senatorial and representative
districts. In accordance with that law the
General Assembly Of 1854 was elected
This statement is misleading and is ex-
planned as being a little fiction on the part
OF the Governor for the purpose of carrying
his point. The Legislature of 1851 is the one
that adopted the apportionment law to
which he refers and 1t is also the one that
ratified the new Constitution and submitted
II to the people for their approval at the
election in August, 1851. Under the terms of
the Constitution this apportionment law
was to serve for the election of two Legis-
latures-those of 1853 and 1s55-and was
then to pass out by limitation. The Legis-
lature that enacted il elected and op-
Grated under the old Constitution, so that
this apportionment was really an ante-con-
stitution law. but ii is made to appear.
by the Governors message, to have been
enacted under the new Constitution Thus
1t will be seen that, by Governor Wrght's
proclamation. law that expired by a con-
stitutional provision was restored and be-
came the law under which the Legislature
chosen.
The message then continued: "The Leg
islature thus elected failed to comply with
the requirements of the Constitution in
regard to the making of proper laws TO
provide for the organization of future
Legislature. This neglect of the General
Assembly does not in any manner impair
or lessen the power OF the Constitution as
to the necessity of having and sustaining
State Legislature. Surely, the neglect of
one branch of the government to perform
its duty viii. not, OF itself. work a revolu-
ton or destroy the functions OF govern
mept. 1t is. i'm forming constitutions. an
essential principle that the government
should contain. within itself, the power Of
self-preservatlon-
1.-THE executive department is invested
with no authority 10 exercise the legisla-
tive powers Of government. and. In this In