THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, January 18, 1881--10 a. m.The session was opened with prayer by Rev. Wm. A. Bartlett, pastor of the Second Presbyterian Church.
The Lieutenant Governor appointed Messrs. Van Vorhis, Kramer, Shaffer, Chapman and Marvin a Special Committee on the bills introduced by Mr. Van Vorhis [S. 18] changing the time of holding elections in Indianapolis, and [S. 59] to provide for the election of a Police Judge in Indianapolis.
Albert W. Fullerton was announced as duly appointed Clerk of the Judiciary Committee.
Mr. Lockridge offered a joint resolution [S. 9] requesting Indiana Congressmen to use their influence for the enactment of a law for the suppression of contagious diseases among domestic animals, which was read the first time, and passed to the second reading.
Mr. Spann offered a concurrent resolution concerning the re-laying of the corner-stone of the new State House, prefaced with a preamble similar to the one adopted by a number of the Posts of the Grand Army of the Republic. The resolution commenced with the words: "We of different political faiths, but being of one mind on what is due the memory of dead soldiers and those living, justice to their memory demands that a memorial be placed in the State Capitol," etc., etc.
Mr. Brown reminded the Senate of the fact that, as a general thing, a very imperfect understanding is had of all bills, preambles and resolutions and other lengthy papers on the first reading: therefore this paper ought to be postponed for a day or two. He understood the resolution to state it was an intentional slight of Indiana soldiers by those having in charge the laying of the corner-stone, that no war record was placed therein. He though that was a mistake. For one he would rather not cast a vote of censure on those who laid the corner-stone by charging them with a willful and intentional omission to mention the acts of soldiers in the late war, unless he knew such to be the fact. This resolution should go to the Committee most appropriately organized for its consideration, and for once, he was willing the author of the resolution should name the committee. It is said the ceremonies at the laying of the corner-stone were strictly in accordance with the programme adopted for some time previous. Some persons in high authority have taken occasion to the criticise the action of Governor Hendricks on that occasion, and if it deserved such criticism he had no apology to offer.
On motion by Mr. Brown, the resolution was referred to the Committee on Military Affairs with instructions to report it back not later than day after to-morrow.
The Lieutenant Governor laid before the Senate similarly worded resolutions passed by Posts of the Grand Army of the Republic at several towns in this State, which were severally read.
Mr. Brown moved their reference to the same Committee inasmuch as the papers just read are very much like the preamble and resolution offered by the Senator from Rush (Mr. Spann) a few moments ago. [Laughter.]
Mr. Spann--It is almost an exact copy, but being better reading than Democrats usually have, he thought he would give them a chance to listen to it.
The motion to refer was agreed to.
When the Clerk was reading the resolutions adopted by the Ellsworth Post of the Grand Army of the Republic, in the town of Seymour, Jackson County--
Mr. Chapman interrupted the reading by say there was no necessity for taking up the time of the Senate in reading his paper or any other similar petition.
Mr. Brown had listened attentively to the reading of similar words in the resolution offered by the Senator from Rush (Mr. Span),and also gave respectful attention to a re-reading of the same matter when laid before the Senate in the way of a petition by the presiding officer; and now, as the Senator from Jack on, holding his seat in part by a goodly number of Republican votes (strange as it may seem the Senators on the left), he protested against the Senator from Marion (Mr. Chapman), showing, disrespect to his constituents by having a petition from his County of Jackson set aside without reading.
Mr. Chapman has not the good fortune to know the constituents of the Senator, from Jackson (Mr. Brown), and therefore has the most profound respect for them, which he might not have page: 54[View Page 54] did he know them as well as the Senator from Jackson. Mr. C. has not been betrayed into saying anything as yet of a partisan character to relation to the laying of the corner-stone of the new State House, and he did not propose to be betrayed into so doing at any time in the future. He desired to meet this question in a dignified Senatorial and Judicial manner, if he could. His only object in arresting the reading was to save time, and to call the attention of Chair to what he thought is the rule on the subject. As gentlemen desire the reading shall proceed he would yield the point.
On motion by Mr. Brown, the paper took the same reference as the others.
Indefinite leaves of absence were asked and obtained for Messrs. Owen, and Bischowsky on account of sickness.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally referred to appropriate Committees, unless otherwise stated:
By Mr. Hart [S. 101]: To amend Section 315 of the general practice act, approved June 18, 1852, so as to provide that when a complaint is filed, whether before or on the seventh day, the plaintiff may fix the day on which the defendant may appear.
By Mr. Grubbs [S. 102] Requiring foreign Insurance Companies to pay judgement rendered against them in this State, appeal from said judgment or forfeit their right to do business in this State; to compel the payment of judgments against foreign Insurance Companies within one year after the are rendered, with forfeiture of right to do business in the State if not paid at the end of that time, and imposing heavy penalties upon any agent, attorney or other representative of the Company which shall undertake to transact business after such forfeiture by failure to satisfy judgement.
By Mr. Henry [S. 103]: To protect books, magazines, papers, manuscripts, maps, charts, plans, paintings, engravings photographs and other property of Public Libraries and Libraries of Incorporated Educational Institutions, against mutilation, defacement and the like.
By Mr. Kramer, [S. 104,] to amend Sections 2 and 4 of the Common School law. It provides that annual settlements by Township Trustees shall be made on the first Monday after the first Tuesday in April and Town Treasurers at the June term instead of in October: and also provides that enumerations for school purpose shall be made every two years instead of annually. In smaller Counties this provision will do away with the October meeting of the Boards of Commissioners.
By Mr. Poindexter [S. 105]: Concerning County Libraries--authorizing County Courts to appropriate from $20 to $75.
By Mr. Sayre [S. 106]: Legalizing a conveyance of land made by the County Commissioners of Wabash County, which, on his motion was pressed through the three readings, and passed the Senate without an opposing vote under a dispensation of the Constitutional restriction.
By Mr. Smith [5, 107]: To discourage the keeping of worthless dogs and to provide for the registration and licensing of dogs.
By Mr. Kahlo [5, 108]: To amend Section 2 of the act touching the laying out of towns and cities.
On motion by Mr. Comstock, the bill [H. R. 120] to provide for two Clerks to the Joint Committee on the Revision of the Laws, was taken up and pressed to its third reading by the setting aside of the Constitutional restriction, and passed by yeas, 40; nays, 5, with an amendment of title.
By Mr. Langdon [S. 109] : Concerning the Battle Ground in Tippecanoe County. The Governor, Auditor and Secretary of State shall constitute the Battle Ground Commission, and cause the construction of a suitable monument commemorating the battle there fought; appropriating $10,000 to erect a monument on Tippecanoe battle ground.
Mr. Menzies offered a concurrent resolution authorizing the printing of 200 copies of the report of the codification of the insurance laws authorized by a concurrent resolution of the last General Assembly.
The adoption of the resolution was rested on the ground that but one of the three members of the Committee reports a bill, one other member dissenting, and a third has prepared an opinion differing from the other two. The resolution was referred to the Committee on Insurance.
Then came a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. Briscoe offered a concurrent resolution which was adobted, for a Joint committee of three Senators and five Representatives, to report appropriate resolutions on the death of th late Governor James D. Williams.
The Lieutenant Governor subsequently made this Committee on the part of the Senate to consist of Messr. Briscoe, Hostetter and Sayer.
NEW PROPOSITIONS.
By Mr. Van Vorhis [S.110.]: Granting Boards of Aldermen and Common Councils of cities power to regulate and license pawnbrokers.
By Mr. Van Voyles [S. 111] Conferring upon Boards of Trustees of incorporated towns additional power--may take possession of uninclosed public commons.
By Mr. Woods [S. 112]: To provide for the appointment by the Governor of Boards of Trustees for the Hospitals for the Insane, for the Blind and for the Deaf and Dumb--terms of office to expire with the Gubernatorial term and the officers to be of different political parties according to the last State vote.
By Mr. Yancey [S. 113]: To amend Section 3 of the act of may 29, 1852, prescribing the duties of Justices of the Peace in this State.
By Mr. Bell [S. 114]: Permitting amendment of bonds, when defective or void for want of substance.
By Mr. Benz [S. 115]: Prohibiting the issue of County warrants in certain cases. [Before being allowed.]
By Mr. Chapman [S. 116]: In relation to the formation of Water Works Companies by the purchasers of Water Works sold by decree of Court.
Mr. Chapman, explaining the emergency there for in a few remarks, moved for a dispensation of the Constitutional restrictions that the bill may be read the second time by title, considered as engrossed, read the third time by sections, and put upon its passage.
Pending this motion--
The Lieutenant Governor announced the consideration of the special order for this hour, being a vote for a person to represent Indians in the United States for six years from the 4th of March next, and declared nominations be in order.
Mr. Grubbs--I place in nomination for Senator, General Harrison. Acting upon suggestions satisfactory to the other side, and, I believe, to this side, more formal presentation will be deferred until the joint session to-morrow.
Mr. Bell--Upon the part of the Democracy of Indiana, I desire to place in nomination Hon. Isaac P. Gray,of Randolph County, and,acting upon the statement made by the Senator who just taken his seat, will defer any more formal nominations until the Joint Convention to-morrow.
Mr. Poindexter-I nominate Hon. Gilbert De La Matyr.
Mr. Chapman--As one of the Senators from Marion County, I desire to second the nomination of Benjamin Harrison for United States Senator, and following the example set by the page: 55[View Page 55] gentlemen who have preceded me, I will reserve my rhetoric for to-morrow. [Laughter.]
No further nominations being made, the vote was taken with the following result:
| For Benjamin Harrison | 22 |
| For Isaac P. Gray | 23 |
| For Gilbert De La Matyr | 1. |
Those voting for General Harrison were Bundy, Chapman, Comstock, Garrigus, Graham, Grubbs, Henry, Hostetler, Kahlo, Keiser, Langdon, Lockridge, Macartney, Ristine, Sayre, Shaffer, Smith, Spann, Van Vorhis, White, Wilson and Yancey--22.
Those voting for Governor Gray were Senators Benz, Briscoe, Brown, Coffey, Compton, Davidson, Foster, Hart, Hefron, Howard, Hutchinson, Kramer, Leeper, Majors, Marvin, Menzies, Rahm, Traylor, Urmston, Viehe, Voyles, Woods and Woollen--23.
Those voting for De La Matyr were Senators Poindexter-1.
The Senate returning to the business interrupted by the special order just disposed of--
Mr. Bell favored the immediate passage of the bill just introduced by the Senator from Marion (Mr. Chapman).
Mr. Urmston and Mr. Hefron opposed the setting aside of the Constitutional safeguard requiring bills to be read on three several days, as a general rule and would not depart from the custom in this case.
Mr. Brown regarded this bill as a piece of unnecessary legislation, for reasons which he set forth.
The pending motion for a suspension of the Constitutional restrictions was rejected--yeas, 30; nays, 14--two-thirds of the Senate not voting affirmatively.
By Mr. Coffey [S. 117]: To pay Matthew M. Campbell, or his executors, for service as teacher in the State University--two years regular and fifteen years extra work--$9,060.
By Mr. Davis [S. 118]: To restrain certain animals from running at large--horses, mules, cattle, sheep, goats, swine and geese.
By Mr. Foster [S. 119]: To legalize acts of the Board of Trustees of Monroeville, Allen County, since the incorporation of the town.
By Mr. Comstock [S. 120]: To amend Section 274 of the assessment of property act, approved December 21, 1872.
Petitions in favor of a Constitutional Amendment prohibiting the manufacture or sale of intoxicating liquor as a beverage; and pending the voice of the people praying the enactment of a law that will protect the people from the dire evils of intemperance, were presented by Messrs. Graham, Wilson, Spann (with 447 signers), Kahlo, Menzies, Benz, Coffeey, Yancey, Lockridge, Woollen, White, Hostetter, Howard, Shaffer with 924 names; Marvin with 431 names; Viehe, Langdon, Brown, Briscoe, from Democratic Jay county, which has no licensed saloon; Grubbs, Shaffer (for Mr. Owen who is sick), with 284 votes; Smith with 369 names; Poindexter, Woollen, Urmston, Keiser with 442 signers and Ristine. Which were severally referred to the Committee on Temperance without reading.
When these petitions began to come in rapidly, Mr. Brown remarked that he was glad to see them starting from the Republican side, and gave notice that when they bring forward a temperance bill, there will be Democrats enough to vote for it to pass it. [Cheers.]
Committee clerks were announced, to-wit: For the second group, E. A. Cox; for the third group-O. P. M. Hubbard.
The bill [S. 43]: To amend Section 12 in relation to decedents' estates, coming up on the second reading with a Committee report recommending indefinite postponement.
Mr. Urmston opposed concurrence therein. The bill provides that parties may be brought into court at any time after ten days' service and when served personally or by copy left at last place of residence, shall answer cross-complaints. Every attorney will recognize the importance of that provision. Other desirable features were referred to. He moved that the bill be recommitted.
Messrs. Graham and Bell favored concurrence in the Committee report.
Mr. Menzies favored the motion to recommit.
Mr. Traylor feared the bill would open up fraud largely.
Mr. Brown thought the bill had merit, though perhaps subject to some of the objections urged against it. The present system is not the most beneficial. Legislation should now favor lazy litigants. The present law seems to be in favor of the Sheriff.
Mr. Bell undertook to say the bill is in the interest of lawyers.
Mr. Brown favored the largest simplification of the practice of law. The object of this bill is to get rid of some of the cumbersome processes.
On motion by Mr. Urmston the bill was referred to the Committee on Organization of Courts.
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
TUESDAY, JANUARY 18, 1881--10 a.m.The House was called to order and prayer offered by Rev. T. M. Hamilton, a Representative from Boone County, after which the Journal of yesterday's proceedings was being read, when, on motion, the further reading was dispensed with.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and passed to the second reading:
By Mr. Ryan [H. R. 120]: Authorizing the employment of two clerks on the Joint Committee on Revision of the Laws. [To be appointed by the Chairman of said Committee, and receive the same per diem as clerks on other Committees.]
On motion by Mr. Ryan the Constitutional rule was suspended, the bill read three times under the dispensation and passed the House by yeas,--; nays,--.
By Mr. Johnson [H. R. 121]: To prevent railroad accidents.
By Mr. Wright [H. R. 122]: Repealing so much of Section 8 of the act approved March 14, 1877, prescribing certain duties and powers of County Commissioners, Township Trustees, City Councils and Trustees of towns in reference to elections. Also, prescribing certain powers and duties of Inspectors and Judges of Elections and penalties for frauds in the performance of their official duties, and to prevent illegal and fraudulent voting.
By Mr. Carr [H. R. 123]: To legalize an election held in '78, '79 and '80, in the town of Brookstown, White County, Indiana.
By Mr. Kenner [H. R. 124]: In relation and to the sale of personal property of infants, and providing for disaffirming such sales in certain cases.
By Mr. Cooper [H. R. 125]: To prevent fraud in elections and other matters connected therewith.
By Mr. Faucher [H. R. 126]: To require all railroads running into and through the State of Indiana to remove and destroy all rubbish and other combustible materials that may accumulate on their right of way, and prescribing penalties for violation thereof. (They shall, between the 1st of August and October of each year, cause the weeds, etc., on the right of way and all other combustible materials that may accumulate to be destroyed and removed.
On motion by Mr. Linkley, an order was adopted under which a great number of temperance petitions were presented by many members, which were severally referred to the Committee on that subject, without reading
page: 56[View Page 56]On motion by Mr. Carter, his bill [H. R. 27] providing for the submission of legal questions by the General Assembly, or either House thereof, to the Supreme Court for its decision, was taken up on the third reading.
Mr. Floyd--It seems to be that to obtain just what the opinion of Supreme Judges may be on future legislation proceeds on the assumption that the Legislature is not wholly competent to enact laws in the interest of the people, because they are not sufficiently informed as to the constitutionality of the laws proposed to be enacted. We come here as representatives of the people to enact such laws as are required by the State. The tendency is that the Supreme Judges may shape legislation by previous decision if such a bill as the one put forward should become the law of the land.
Mr Kenner--The Constitution of the State of Indiana says te Judicial power of the State shall be vested in a Supreme Court, in Circuit Courts, and in such inferior Courts as the General Assembly may establish. I take it that that means original jurisdiction in a case where there are two sides to it; where there is a plaintiff and defendant, that is jurisdiction. I know the State of Maine has a law similar to this, but what their Constitution provides for I ca not say. It is possible that we are passing here an unconstitutional measure. We ought to go slow. I dare say, no Supreme Court will fly into the face of the will of the people. We ought to go to work and do our duty. The people from my County demand it from me, that those Amendments to the Constitution of the State of indiana be passed, and , as one of the advantages to be derived therefrom, stop municipal corporations from going into debt to any extent they please. The people want these amendments proposed to the Constitutions, and I do not want this bill to stop the progress of the bill which will give the people a chance to vote on them again.
Mr. Sinclair--I think it will be a fair and square admission that we do not know what we are about. I take it that there will be a bias in the Supreme Court against a certain proposition that may be submitted to it if this bill passes as it is already involved here. We are supposed to be independent and know what we are talking about. I take it that this bill is objectional in every shape and manner, and I hope gentlemen will not urge its passage.
Mr. Cauthorne--I regard the bill as in violation of the Constitution of the State. The theory is the Government is divided into three branches: Legislative, Executive and Judicial. It is the province of the Legislature to make laws and to say what shall be law, and the Judicial to construe the laws that have been made, but it is not the province of the Judicial to help make the laws. I think we have had too much Judicial in this State, and do not think we ought to apply to the Supreme Court at all to know what laws we can pass. I am opposed to going ot the Supreme Court and asking them whether we can pass this law or that law. I do not think it necessary, so far as the Constitutional amendment is concerned. It is an incumbent duty imposed upon the Legislature, and is not satisfied until it performs its duty completely. Therefore, I move that this bill be indefinitely postponed.
This motion was rejected--yeas, 46; nays, 51.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
Mr. Teter--The Supreme Court has no Constitutional right to decide any questions except those brought before them in the ways pointed out by the Constitution, and this is not one of the ways as I understand it. I find that in Article 7, Section 4, of the State Constitution, it appears that those who framed the Constitution of our State put restrictions and limitations upon the powers and duties of the Supreme Court. We have not power to add to or take from such regulations. We can decide only such questions as are prescribed in the records.
Mr. Wright--I would just as leave that Court should give a premature decision as to afterward annual it as they ahve done, at a great expense to the people, and at times almost innumerable. if these Judges have a right after legislation to overthrow the opinion of the people, why not before it is enacted? Is there any reason in making objection to this bill. I am satisfied it will be an immense benefit to the people of this State.
Mr.Stewart--The fact is, the decisions referred to were in regard to the legislation that has already taken place. These Constitutional Amendments have been passed by the General Assembly and submitted to the people, and the Supreme Court decided that there was an error in the manner in which they were submitted to the people.
The Speaker announced the special order, being the selection of a person to represent Indiana in the United States Senate, whereupon Mr. Lindsay said: "We do not always know what we should do and whether we are reflecting the wish of our constituency or not, and many times we are left in doubt. We are called upon to-day, as representatives of the people of the State, to perform a most important duty; it is to elect a United States Senator to represent the people of the State of Indiana in the Senate of the United States for six years. The duty we are to perform is an important one because of the length of term of the office to be filled. It is imortant for other reasons than on account of the functions and duties that are to be performed by the individual to be elected to the United States Senate. Today, in the selection of United States Senator, we are not left entirely to exercise our own judgement as to who that man shall be. I feel that the people of the State of Indiana have indicated to us whom we shall select, especially, if I am allowed to make reference to the representatives constituency of the state of Indiana, and I believe, from what we can remember from October to November, and we have witnessed since we came to the Capital, that Indiana is a Republican state. " [Applause.]
It is the desire of the people that we should select a statesman, and we have selected a statesman for that position; more than Mr. Speaker, we have selected a man to present to this body as a candidate for the Senate of the United States who is not only a statesman, but a man who was a soldier when the country needed soldiers. [Applause.] This man I have the honor to present to this body fills, as I think, the Jeffersonian standard. He is honest and he is capable. I have said this much, Mr. Speaker, and I feel that I have said enough--all that is necessary, and perhaps more than is necessary. I now, in obedience to the wish of the Republican party of the State of Indiana and of the Republican members of this body, present to you, gentlemen, Benjamin Harrison, of the city of Indianapolis, as a candidate for Senator of the United States from the State of Indiana, to serve for six years from and after the 4th day of March next.
Mr Morgan--Some years ago, I saw the corridors of this temple of justice filled with aching hearts. They came here to behold for the last time the cold remains of a lamented citizen; a man whose strong heart, and heroic deeds had endeared him to the people. That man was Oliver P. Morton. From that time until this the Republican party has had no representative in the United States Senate: but on last October, the sun of Republicanism arose with resplendent glory. i believe that we on this side of the House rejoice on this occasion. Benjamin Harrison came to this city twenty-six years ago, and commenced the practice of law. he page: 57[View Page 57] was not rich, but he had a strong, active mind, and as he was content to be useful, his honest heart brought its reward.
Mr. Cauthorne--Hon. Joseph E. McDonald has been a true representative of the people of this State. He has achieved for himself a National reputation, and no Indianian has ever had cause to blush from the reputation that he has made on the floor of the Unites States Senate. He has shown himself a worthy representative in that body composed in part of such men as Thomas A. Hendricks and Oliver P. Morton, and the will yet come when he people will call him to a higher duty, but I am glad that the gentleman from Howard (Mr. Lindsay), in presenting the name he has, now given assurances that the State of Indiana will not be misrepresented in the United States. He has presented as candidate a gentleman who is a fit representative of Indiana. The State is not great in territorial area, but she has great resources, and so has the candidate he has presented. He is not great in physical development, but great in mental acquirements and abilities. If he has not the power of raising a man to the level of an angel, I find that other power about him that would drag no angel down to the level of a man. While I say this, I beg leave, in behalf of the minority in this House, and by their direction, to place in nomination the name of a distinguished citizen of this State who is his peer and equal in every respect,and if he is elected Senator, will reflect honor to the position. He is not unknown to the people of Indiana, having served them in various capacities-a man who has been looked upon, by the people of the State by the tens of thousands, whose voice has cheered them and whose ears have heard their flattering approbation. I place in nomination Hon. Isaac P. Gray, of Randolph County.
Mr. Neff--The candidate that we are about to vote for needs no eulogy from me. In seconding the nomination of Hon. Isaac P. Gray, I desire to say that, with my whole soul, I support the caucus nominee of the Democratic party, but I can not forget the noble Senator, McDonald. I saw him, sir, but a few months past surrounded by the most eminent men of our country. I saw him,sir, when the standard-bearer of the Democratic party was about to be chosen. I saw him, sir, for reasons ay at his feet a Presidential Nomination. I say he is deserving of the admiration, not only of his own party but of all the American people.
Mr. Wheeler nominated Hon. Gilbert De La Matyr.
Mr. Comption I second the nomination of gentleman from Pulaski. It is due, parly to my constituency, that I second the nomination of Mr. De La Matyr. There being no further nominations, the Clerk proceeded to call the roll, and the vote resulted as follows:
For Mr. Harrison 57.
For Mr. Gray, 39; for Mr. De La Matyr, 1.
Pending the roll,
Mr. Cole, when his name was called, said that there was not a person nominated for whom he felt free to cast his vote, and that there was not a person who had performed the duties of a Senator, and reflected more credit and honor to the State of Indiana and to the Democracy throughout the country than Senator McDonald. To make the canvass that Mr. McDonald did required a man of heroic nerve. He cast his vote of Hon. Isaac P. Gray.
The question recurring on te subject pending at the time, the House proceeded to vote for United States Senator.
Mr. Floyd said the chief objected in my mind to this bill is that it will open the door to something that we do not comprehend at tis time, and it will necessarity invest the Supreme Court with authority to shape legislation, and, to some extent, take it out of the hands of the Legislature, who are the proper recognized and legally authorized representatives of the people. I shall cast my vote upon this matter according to my judgment, and conscientiously believe that the sovereignty of the people demand it. The people have already expressed their opinion in reference to these Constitutional Amendments, and I propose to allow them, in harmony with law, to allow them another chance to express their will, and that will is sovereign.
Mr. Lindsay said he could not see how the passage of this bill could do any ham, or how it could interfere with the legislation of the State, by merely taking the opinion of the Supreme Court. Passing laws that are annulled afterward is often detrimental to the value of property, which might be avoided in many cases by submitting them to the Supreme Court and obtaining from it an opinion as to the constitutionality.
Mr. Ryan insisted that if so much money can be saved by avoiding an election, there was no reason why the opinion of the court shall not be taken. He favored the passage of the bill.
Mr. Buskirk stated if there was no harm in this that it was not a question of dignity,but of principle, for the infringement of the form of Government was involved; that the question of dollars and cents ought not to have a thing to do with it. The evil does not stop the passage of the proposed law, for we will have recognized the principle.
The bill then passed by yeas, 52; nays, 42.
The House adjourned.
