The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-03-14
GOVERNOR CAN RECALL 1T.
ID. III. Olive Throws Some Light on the
Consultation.

d. II. Olive, who was the minute clerk in
the last House and who has been connected
with the legislatures of the State for nearly
thirty years, is of the opinion that the Gov
ernor can recall the bill making the appro-
priation for the hospital for the criminal in
sane, which has become law through mis-
take. Captain Olive is Of the further opin-
ion that if the Supreme Court cannot go
behind the signatures to the acts the keep
ing Of jour- al of the proceedings of both
Senate and House is an unnecessary ex-
penditure Of money, and this one item alone
in the last session was about Sc 600. Speak
ing further on this point Captain Olive said:
There should be no restriction on the
correction or mistakes in whatever way they
are made or in whatever position of re-
sponsibllity they may originate, in legsla-
tive bodies or elsewhere, and whenever they
are discovered. The Supreme Court of the
State has by a ruling made the record of
either branch of the General Assembly of
no earthly use whatever, in which they say
that an enrolled act signed by the presiding
officers OF the two houses is prima facie
evidence OF the correctness of its having
passed its different readings, examinations,
etc, and no question can be raised as to it's
rreguiarity. In other words, the signatures
OF the presiding officers of the TWO houses
or two members Of the General Assembly
are of greater power than the las who labor
for sixty days that acts may be made in
accordance with the provisions of the Con-
a law TO be put upon our statutes that has
never been considered in either branch Of
the General Assembly simply by an agree
ment of the presiding officers and their In
dlvidual signatures.
Article ", Section is. of the Constitu-
ton OF the State provides that every ,biil
in case of an emergency 1t is deemed Oh a
necessity to dispense with this rule. and
yea and nay vote in the house in which
action is taken; and 1t further provides that
in no case shall the bill be omitted reading
by sections on its third time and yea and
nay vote ON its final passage.
Article ~, Section p, provides that a ma
Jority of all the members elected TO each
house shall be necessary TO pass every bill
or joint resolution, and all bills joint
resolutions so passed shall be signed by the
presiding officers of their respective houses
Article ", Section II, provides that each
house shall keep a journal of its proceedings
and publish the same.
i take it that the trainers of the Consti-
tuition clearly meant that the records of
the General Assembly should stand for
something, and that the action of each
house as shown by its record should be a
check on any mistakes or irregularities The
supreme Court also In the case of a Joint
resolution amending the Constitution with
reference 10 certificates or STOCK or the old
wabash and Erie canal, in which the State
shall not recognize any liability or pay
ment OF the same, consulted the record made
in the proceedings of the Senate in ISL
where the record did not show the Joint
resolution in full. and by their decision a
in 1872 to rectify the mistake so that the
same could be agreed 10 and submitted to
the qualified voters in the following Feb
ruary (lS3) So we find that the Supreme
Court does and ii don't.
1t has been the custom by either branch
of the General Assembly to ask the Gov
ernor TO return an enrolled act TO either
house. after it has been signed by the pre-
siding officers thereof for correction if any
error in enrolment or phraseolOgy may have
been discovered, and there are instances
where the Governor has returned an enrolled
act with suggestions as to errors TO either
branch for correction In the case of en-
crossed House bill No. 423 having been en-
rolled and signed by the presiding officers,
etc, is something that may occur in the
rush and hurry of the closing days of the
session. The Endorsement on the bill shows
that it was taken up in the Senate read a
third time and failed 10 pass by a vote of
twentyone for TO twenty-four against, but
instead OF being put away where IL belonged
among defeated bills Ii got among bills to
be returned TO the House and was trans
mitted TO that body by the secretary of the
Senate March as having passed. 1t should
have been discovered by the committee on
enrolled bills or by the enrolling clerk. From
former precedent we can see that the Gov
ernor, having full knowledge of the error
and as part of his duty and full authority.
can recall any paper from the secretary of
state that has been filed with that officer,
and in so doing check the error OF others"