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.
