THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, January 12, 188310 a. m.The reading of the Secretary's minutes of yesterday's proceedings was dispensed with.
Mr. W1LLARD announced the appointment of W. J. Turpen as clerk of the third group of Committees.
MICHIGAN CITY HABOR.
Mr. FAULKNER, from the Committee on Federal Relations, submitted a report on the joint resolution in reference to the refusal of the Secretary of War to order the expenditure of the appropriation for the harbor of Michigan City, with a recommendation that it pass.
Also the House concurrent resolution requesting Indiana Congressmen to favor the pensioning of Mexican soldiers and sailors and their widows.
These reports were placed upon the Calendar of the Senate under a role of last session.
THE CONSTITUTIONAL AMENDMENTS,
Mr. VAN VORHIS offered the following:
Whereas, The Constitution provides that any amendments may be proposed in either House of the General Assembly; and,
Whereas, The Constitution further provides that any proposed amendment or amendments, when agreed to by a majority of the members elected to each of the two Houses, "shall, together with the yeas and nays thereon, be entered on the journals and referred to the General Assembly chosen at the next election; and,
Whereas, It is known that certain amendments were under consideration in the last General Assembly; and,
Whereas, If any proposed amendment or amendments were agreed to by a majority of the members elected to each House, such proposed amendment or amendments should be found on the journals; therefore
Resolved, That the Judiciary be instructed to examine the journals of the House of Representatives and Senate of the last General Assembly and report at an early day what, if any, amendment or amendments to the Constitution were proposed by that Assembly and referred to this, and are now on said journals awaiting the action of the Senate.
Mr. VAN VORHIS read from manuscript a care fully prepared argument in support of his resolution, citing various authorities and decisions tending to prove that the absence of the proposed Constitutional amendments from the pages of the Clerk' journal of the last General Assembly prevents action on those amendments by this General Assembly except as a new proposition.
Mr. SPANN, not desiring to enter upon this discussion from a legal standpoint at this time, indicated his opposition to the resolution, especially the latter part. Instructing the Judiciary Committee to examine the journals of the twc Houses,. because that is not right, or fair or just to the people of the State. It is not right or fair because a majority of that Committee is made up from, the Democratic party, and an opinion from that, Committee might influence some members on this floor. He said; I am sorry to part company with my friend from Marion County (Mr. Van Vorhis). I admire the courage he has displayed on this question, but I desire to say to him that as between him and the Republican party the roads, fork on this question, and I believe the Republican party will stand square upon this question as honest men standing upon a platform that shall give to evey man the right to investigate for him self.
Mr. BROWN hoped the Senate would adopt the resolution. He did not understand that a report from a Committee would bind the conscience cut any Senator. No one is expected to answer the able and conclusive argument of the Senator from Marion [Mr. Van Vorhis], if indeed it can be answered at all, without a faithful and careful investigation ot the question. The Senator from Rush [Mr. Spann] may make the roads fork if he chooses between the entire Republican party and the Senator from Marion [Mr. Van Vorhis] if he chooses, but it will take a much more able man than the Senator from Rush or any member of his party to overturn the sound reasons the Senator from Marion has given. This is not a question that dips its wing into the dirty pool of politics, but it is a question that appeals to the judgment and conscience of every individual Senator. No party this side of hell and the grave, or hell itself, could bind him to vote according to the dictates of its caucus upon a question of such high importance aa this. The Wabash and Erie Canal resolution is a pre page: 50[View Page 50]cedent, and that was not entered upon the journals of the two Houses as the Constitution requires; but that question was not raised then-it was not discussed at all. No person thought anything about it. But the Wabash and Erie 'Canal simply asserted the State's continuation of the contract between the holders of the stock and the State herself. And it can not be regarded as a precedent of the high authority that it would be, had the question been discussed and attention called to it as attention has been called to this. But whether the Wabash and Erie Canal amendment is a part of the Constitution or not, depends entirely whether it asserts the right or wrong construction of the contract. A clause in the Constitution that would strike down the rights in a contract between the State's creditors and herself, would be void anyway.
Mr. BELL did not propose at this litre to enter into a discussion of the question involved. It is one of the highest intent si to ail. Neither did he regard it as a political question. When he learns where the right and truth lie, it is beyond the power of any body of men belonging to any party to control or direct his actions. This is a question of jurisdiction. We have no jurisdiction in any amendment not properly passed a preceding General Assembly in accordance with the Constitution. Our action and our judgment is final and no Court in the land can review or go behind it. Every member is called upon to exercise his highest skill in the determination of this question. The principal point about it he was not well satisfied is what is meant by the words in the Constitution, "to be entered on the journals,". If the Constitution had said "to be spread at length upon the journals of the House." then there would be no doubt about the meaning whatever. Do those words in the Constitution mean that a minute shall be entered, or do they mean the resolution itself shall be entered? Do they mean it shall be spread hic verba, to use the language of the law? There are peculiar reasons why that should be so. The strong reason is there seems to be no other method of authentication provided. It need not be by joint resolution that amendments may be proposed. They may originate in either House and agreed to by members of both Houses. Another reason in support of this view is that the framers of the Constitution were contemplating a safe preservation of the exact language of the proposed amendment, so that it might be out of the power of anybody to change it. A paper to be found only among the mass of matter in the Secretary of State's Office containing so importatn a matter as an amendment to the Constitution-the attempt to preserve such a paper in that manner would be unwise, and that may have been the view the framers of the Constitution took of it. It is altogether probably the framers of the Constitution meant to provide a method of preservation beyond the possibility of mistake, and to put it beyond the power of change or loss. He hoped the resolution would be passed; hoped the Committee would investigate and report all the light that can be had on the subject, and then hoped to hear not only from those who agreed with him, but just as freely from those who disagreed.
The resolution was adopted-yeas, 27; nays,21-as follows:
Yeas-Messrs. Bell, Benz, Bischowsky, Brown, Compton, Davidson, Duncan, Faulkner, Fletcher, McClure, McCulloch, Null, Rahm, Richardson, Smith of Jay, Van Vorhis, Voyles, Willard, Youch-26.
Nays-Messers. Adkison, Bundy, Campbell, Ernst, Fleming, Foulk, Graham, Henry, Keiser, Lockridge, Lindley, McCartney, Marvin, McIntosh, Overstreet, Ristine, Sayre, Smith of Delaware, Spann, White, Yancey-21.
Pending the roll call-
Mr. BISCHOWSKY, in explanation of his vote, when his name was called, said as the resolution of the Senator from Marion only peeks to have the facts reported by the Judiciary Committee concerning the Constitutional amendments, and not the opinion of that Committee, he should vote "aye."
Mr. HOWARD, when his name was called stated his pair with the Senator from Noble [Mr. Hostetter], and as this has the aspect of a political question, preferred not to vote.
Mr. WILLARD, in explanation of his vote, said as he understood it this resolution merely calla upon the Judiciary Committee to furnish any information it may be able to obtain in regard to the condition of the journals, and as he could not understand it as requiring an expression of opinion either one way or another upon the question as to whether these amendments have been property entered upon the journals, but merely for the purpose of securing this information under the authentication of the Judiciary Committee, should vote "aye."
Mr. YANCEY, when his name was called, said as he believed these amendments pending and these sort of measures simply a hood-winking, a quibble, and a legerdamain practice to fool the people of the State, he should vote "no."
The vote was then announced as above recorded, and so the resolution was adopted.
THE JOHNSTON AND OVERSTREET CONTEST.
The PRESIDENT pro. tem. (Mr. Henry in the Chair) presented additional papers in the case of Johnston vs. Overstreet, which was referred to the Committee on Elections.
Mr. SPANN subsequently gave notice that he would file a protest against the reference of the additional papers in the Johnston-Overstreet contest.
A BANKRUPT LAW.
Mr. McCULLOCH offered a concurrent resolution requesting and instructing Indiana's representatives in Congress to oppose the adoption of any bankrupt law.
Mr. BUNDY made an ineffectual motion to refer the resolution to the Committee on Federal Relations. He said it was a very important subject and should not be passed upon hastily.
Mr. FAULKNER, in explanation of his vote, stated that he thought our Senators and Representatives in Congress capable of attending to their own business without instruction from the Indiana Legislature.
The resolution was adopted by yeas, 26; nays, 21.
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION
Petitions praying for the submission to the qualified voters of Indiana at a special election an amendment to the Constitution prohibiting the manufacture and sale of alcoholic beverage, were presented by Messrs. Henry, Lockridge and Bundy. They were referred to the Committee on Temperance.
THE WINTERBOTHAM MEMORIAL
Mr. CAMPBELL offered the following (by request of the Democratic Senator from Laport):
Whereas, John H. Winterbotham, late defeated candidate for Congress in the Thirteenth District of this State, has memorialized this Senate, making certain suggestions in regard to legislation and asking for consideration thereof; and,
Whereas, Upon dates concurrent or nearly so with the transmission of said memorial, the said Winterbotham sent in writing to a majority of the members of this Senate language highly insulting to one of its esteemed members, the Senator from Laporte, and not stopping at that, sent to the member himself a copy of the said scandalous letter which he had sent to a majority of the members of this Senate, and together with such letter, sent one to the Senator himself couched in the most ungentlemanly and insult
page: 51[View Page 51]ing language (copies of which are here appended), were to brand the Senator from Laporte as a treacherous scoundrel, and that the Senate, by its majority, should watch with constant distrust his action as a Senator; and,
Whereas, We desire to express confidence in our brother Senator from Laporte, and to have it known that this body construes this insult to one of its members in his official capacity as an insult to the Senate itself; therefore
Resolved, That the Committee on Elections. to whom was referred the memorial, be and are hereby instructed to return the said memorial to the said Winterbotham without consideration.
Mr. CAMPBELL read several pages of manuscript, in which he held that as ex-Senator Winterbotham shown disrespect to one Senator he had shown it to the entire Senate, and was therefore not entitled to any consideration by the Senate.
Several Senators, soon after he commenced, insisted that, the resolution was out of order.
The LIEUTENANT GOVERNOR: He disliked to decide the point of order, and would let the discussion go on. The majority can control the matter in some other way than to require the Chair to cut off discussion.
Mr BROWN said he bad the honor and the pleasure to present the memorial referred to, and in it there is not a word of reproach for any person in the Senate, or for any Senator. He spoke sarcastically for some time, and in conclusion moved to lay the resolution on the table.
The motion was agreed to by yeas, 24; nays, 20.
Mr. Brown moved to reconsider this vote by which his motion was agreed to and to lay that motion on the table.
The latter motion was agreed to by yeas, 24; nays, 20.
PENSIONS FOR MEXICAN SOLDIERS.
The House concurrent resolution requesting Indiana Congressmen to use their influence to make provision for pensioning soldiers and widows of deceased soldiers of the Mexican War, with a favorable Committee report thereon, being read, the report was concurred in and the resolution adopted.
NEW PROPOSITIONS.
The following described bills were introduced read the first time, and severally referred to appropriate committees unless otherwise stated:
By Mr. DUNCAN [S. 85] to amend Section 243 of the act of April 14, 1881, being Section 2,155 of Revised Statutes, concerning out-swinging doors. It was referred to the Judiciary Committee.
By Mr. FLEMING [S.86] to amend Section 2 of the plank and gravel road act of March, 1877. It was referred to the Committee on Roads.
By Mr. MAY [S. 87] by request of Senator Rahm, providing for the location and erection of an additional asylum for the insane, the governor to appoint four Building Commissioners of diverse politics to superintend such a building near Evansville at $5 per day. It was referred to the Committee on Benevolent Institutions.
By Mr. RISTINE [S. 88] to amend Section 4 of the Senate act authorizing the formation of Companies for the apprehension of horse thieves, etc., et., of December 21, 1865. It was referred to the Committee on County and Township Business.
By Mr. SMITH, of Jay [S. 89] to amend Section 28 of the general Common School law, approved March 6, 1855, being Section 456 of the Revised Statutes of 1881, relating to teachers' license. It was referred to the Committee on Education.
By Mr. SPANN [S. 90] by request of the Adjutant General of the State for the sale or exchange of military stores, ordinance stores, etc. It was referred to the Committee on Military Affairs.
By Mr. VOYLES [S. 91] designating a means by which the House of Refuge for the correction of juvenile offenders shall be known, etc., etc., etc. (Shall be known as the Indiana Reform School for Boys.)
By Mr. WHITE [S. 92] to amend Section 8 of the act concerning elections, approved April 21, 1881. It was referred to the Committee on Elections.
By Mr YOUCHE [S. 93] to repeal the railroad aid act of May 12, 1869. It was referred.
By Mr. BELL [S. 94] to enable the owners of land subject to overflow, etc, to drain and reclaim the same. It passed both Houses last term.. It was referred to the Committee on Swamp Lands.
By Mr. DAVIDSON [S. 95] to prohibit the sale of intoxicating liquors in certain cases. It was referred to the Committee on Temperance.
By Mr. BROWN [S. 96] to legalize the contracts and proceedings of County Courts in the purchase and sale of property in certain cases. It was referred to the Committee on County and Township Business.
EXTRA DOORKEEPERS.
Mr. McINTOSH offered a resolution authorizing pay for extra Doorkeepers appointed beyond what the law provides for and directing their discharge.
Mr. BELL raised a point of order that this question had been decided Friday.
The LIEUTENANT GOVERNOR decided if there was no power to appoint, all action in that direction was void.
The motion to refer was agreed to.
ADJOURNMENT TILL MONDAY
On motion of Mr. SAYRE, it was ordered that when the Senate adjourns it be till Monday at 2 y'clock p. m.
PAY FOR FILE CLERKS.
The bill [H. R. ll8] authorizing pay for File Clerks, coming up in regular order, was read for the first time.
On motion by Mr. MAY. the Constitutional rule was dispensed with-yeas, 40; nays, 1-the bill read the second time by title only, amended by adding an emergency clause, and finally passed-yeas 33; nays, 4.
A MESSAGE FROM THE GOVERNOR
announced his appointment of Peter E. Hoss, of Howard County, a Trustee of the Asylum for the Feeble-minded Children, subject to the consent of the Senate.
The message was referred to the Committee on Executive Appointments.
THE LATE HON. THOMAS J. FOSTER.
Mr. BELL: I desire to announce formally the death of Hon, Thomas J. Foster, who was my colleague in former sessions of this General Assembly. He was not, at the date of his death, a member of this General Assembly, but he had served in the Lower House and was a member of the Senate of the last General Assembly. I ask leave at this time to offer the following resolution, and will call it up on Tuesday next, at 3 o'clock p. m.:
Resolved, That this Senate has heard with profound regret of the death of Hon. Thomas J. Foster, a member of the last preceding Seante of this State; that by his death the State has lost an honorable and useful citizen, and one who was a faithful and efficient representative of the people in the General Assembly of which he was a member.
The Senate adjourned till Monday at 2 o'clock p. m., under the order adopted this afternoon.
