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.
