A MESSAGE FROM THE GOVERNOR
was announced by the Doorkeeper and His Excellency's Private Secretary communicated the following message, which was read by the Clerk:
EXECUTIVE DEPARTMENT
INDIANAPOLIS, Feb. 19, 1883
Gentlemen of the Senate:
The Constitution provides that every bill which shall have passed the General Assembly shall be presented to the Governor, and that if he approve he shall sign it, but if not he shall return it with his objections to the House in which it shall have originated. It further provides that if any bill shall not be returned by the Governor within three days (Sunday excepted) after it shall have been presented to him it shall be a law without his signature unless the general adjournment shall prevent its return.
Senate Bill No. 1 relating to the government and management of the Benevolent Institutions, was presented to me on Wednesday, the 14th inst., Saturday, the 17th inst., had the Senate been in session, was the last day upon which I could have returned the bill with objections. The Senate not having been in session that day, and yesterday having been Sunday, no doubt is entertained that it is competent for me to return the bill with my last objections to-day. On Saturday last, however, thinking that a question might possibly be started whether, in order that the objections might be in session, the bill should not have been delivered to the presiding officer of the Senate on that day along with my objections thereto, I placed the bill in his hands and a written statement of my objections to it, and requested him to return the bill to the Senate on the meeting of the Senate to-day, and also to cause to be communicated to the Senate the statement of objections which I delivered to him. I have the honor now to repeat the same request, regretting however that an occasion has arisen which obliges me, under a sense of official duty, to differ from a majority of the two Houses in relation to the expediency of the passage of the bill.
ALBERT G. PORTER.
EXECUTIVE DEPARTMENT, Feb. 17, 1883.
Gentlemen of the Senate:
I respectfully return to the Senate, with my objections, Senate Bill No. 1, entitled, "An act providing for the better government and management of the Hospital for the Insane, the Asylum for the Blind, and the Institution for the Deaf and Dumb; repealing all laws or parts of laws in conflict therewith, and declaring an emergency." The power of the Governor to appoint Trustees for the three Benevolent Institutions, the Hospital for the Insane, the Institution for the Education of the Blind, and the Institution for the Deaf and Dumb, was conferred by the act of March 6, 1879, reorganizing these institutions. But one Legislature has intervened since the passage of the act. The Legislature that passed it deemed the necessity so strong for the provision transferring from itself to the Executive the power of appointing Trustees that it did not allow the President of the Board of Trustees and two other Trustees whose terms of office had then two years to run, to serve out any part of the residue of their terms. The reasons of the Legislature for desiring to transfer this power from itself to the Governor are not difficult to understand. The sessions of the Legislature are limited by the Constitution to sixty days, except when some extraordinary duty is devolved upon it, such as revising the whole body of our laws.
The time is sufficient when the Legislature is in a condition to address itself with earnestness to its legislative work. But to perform the duties entrusted to it within the time limited, and to form wise laws, the uninterrupted and deliberate attention of members of the Legislature is of course imperatively necessary. That attention can not be given when the Legislature converts itself into a body for the distribution of officers, and time is necessarily consumed every day in the bodies of the Houses and elsewhere in listening to the solicitations of candidates and their friends. The inevitable effect is a distraction from the duties incumbent upon themselves and a
page: 221[View Page 221]great waste of time. It is also well-known that when the Legislature makes itself a direct agency for bestowing office, party spirit always runs so high that the greater portion of its time is spent in useless political controversies, to the great detriment of the business which its members were elected to discharge.
These may well be supposed to have been the considerations which induced the Legislature in 1879 to change the law to what it is now. The chief complaint of the people against our laws is that they are so unstable. The people do not see why the laws abolished and changed so often that plain men can never be certain what the laws are, and are obliged to resort, to a professional class to learn what they are, on the simplest subjects. It Is a wise rule not to change a law until evil consequences from it are sensibly felt.
It is claimed by the friends of the bill now re turned, that the present law which it is intended to replace, has thus far worked well. If, under it the Governor nominates for Trustees persons unsatisfactory to the Senate, that body can refuse to confirm the nominations, and put upon him the responsibility of nominating others whom they may ultimately approve. If he omits to do so the incumbents will continue to hold their places. The people will therefore perceive no satisfactory reason why in four years after passage of the present law it should be repealed by the law which the Legislature in 1879 condemned.
The power of appointing to office is not one to be coveted by the executive. To a sensitive mind the disappointment inflicted upon many worthy applicants is more keenly felt than the gratification of giving to a successful few. In arguing in favor of the law as it now is I feel that I can speak therefore, in an impersonal way for what is best for the public and not for what would be most agreeable to the appointing officer.
ALBERT G. PORTER.
On motion by Mr. BROWN the messag3 was made the special order for day after to-morrow at 10 o'clock.
