Democratic Sentinel, Volume 11, Number 8, Rensselaer, Jasper County, 25 March 1887 — THE RECOHD. [ARTICLE]

THE RECOHD.

[Continued from last week.] Mr. Jewett introduced a resolution off ring to disregard every other question in the case and to submit it done upon the right of the claimant under the election of 1886 to discharge the duties of the office of the President of the senate: "Whereas, At the general election held November 4, 1884, Mahlon D. Manson was el . cted Lieutenant-Gov ernor of this State, and afterward qualified and dis.ch rge 1 the duties of such office; and Whereas,"Prior to the last general election. November 2, 1880, said Mahlon D. Mafison had ce sed to be Lieutenant Gov ruor of this State; and Wheivas, At the general election November 2, 1880, he electors of Indiana voted for candidates fo*- the of flee of Lieutenant Gov ruor, and Rob ert S Robertson, a eitazen o, flits State and eligible to said office, received tne highest number of votes for said office, and has been declared elected thereto by ihe Speaker of the House of Repres 'Dtatives, am* has taken the oath of office as LicufenatK Governor; and

Whereas, The Senate of Indiana denies the right of said Robertson to act as Lieutenant Governor and to preside over the Sen rte, whith refusal arises sut of a claim by the Senate that at the last general election no vacancy existed in the office of Lieutenant Governor which could be filled at subh elec ion; and Whereas, The question as to whether there was or wan not a vacancy in the office of Lieutenant Governor that could be filled at the last election threatens to seriously endanger the welfare and creditor the State, au t to hinder and prevent legislation at the present session of General Assembly; therefore Be it resolved by the House of Representatives, the Senate concurring: 1. That it is the sense o? this Gen eial Assembly hat-such question as tp the right of said Robert S. Rob ertson to such office should be det« : r mined at toe .earliest day possible by the Supreme Court. 2. Tuat in order to secure a dec’sion tnereon a case should ,-t once be matte up which will fairy present such a question, and the same be fotwardpd with alt possible dispatch, to a final decision. 3. Tiiat such c <se sheuld limit the decision of the Supreme Court to the single question as to whether there was, at the lastfgeneral election i vacancy in the office of Lieutenant Gov-

ernor which could be filled at such eleetion, and that all que stU'n as to tbs man.er of canvassing the Tote and decisriuy th*> result should be waived or admitted in favor ui said Robertson. This r;solution was received with jeers and abso’utely rejected by the insurrectionists who held seats in the house. In the other branch senator Bailey, a Democrat, introduced a resolution offering to leave the question to the Supreme Court Judges as arbitrators, and to abide by their decision. Whereas The HonoraLle Alexander 0 Avres, Judge of the Marion Circuit Court, has decided that no eleition could be lawfully held for Lieutenant Governor of the State in No vember, 1886; und Whereas, Two of the Judges of the Supreme Court, the only members f,hereof delivering opinions upon the question, have decided tho earn point the same wa«; aad Whereas, No joint convention of the two houses has ever been iseld at which the votes for Lieutenant Gov> ernor, even if lawful, could be counted, canvassed, er the result thereof declared; and Whereas No joint assembly of the two houses has ever been held which could take aty cognizance of a contest of the election for Lieutenant Governor, even if there had been an election held, and. Whereas, No court or judge has, at any time, expressed the opinion that an election for Lieutenant Governor was lawfully holden in November, 1886, and the pretensions of any person to such office are. tnerefore, unfounded and unsupported by any judicial opiaion whatever; aid. Whereas. One of the Judges of the Supreme Court. Hon. William E Niblack, construing the Constitution of the State upon this subject, has said: “Tho coniroversy is one over whio.i the eourts have no jurisdiction, and over wnich bo court can exercise the slightest contrd; asd that the Senate has the unquestioned right to determine who is entitled to act as its pre idlng offiser. (Seotion 10 article 4of the Constitutt n.) Where there is a contest as to whioh of two persons is entitled to preside over the Senat-, the question becomes one which the Senate must decide,” and. Whereas, Heretofore, on the 6th day of January, 1887, the Senate did elect to the Presiden y thereof Hon. Alonzo G Smith, n >w actiDg as President of the Senate In the absence of the Lieu.enant Governor of the State chosen at the general olection,lß«4; aud, Whereas, No Lieutenant Governor could have been or has been elected sinee that time, or can be elected until 1888; and, Whereas, The President of this body has twice attempted, unsuccessfully, to have the same determined and no decision has been raadeagaiiit his rights as President of the Senate; therefore,

Be it resoived, That the majority of the Senate are willing: to submit to the Supreme Court as arbitrator* the question of the legality of the election held for Lieutenant Governor in 1858; and Resolved further, That the Senate is and has been org tnized with the said Alonzo G. Smith as President, constitutionally, lefjularly and lawfully; and that we proceed in the speediest maimer possible to enact legislation needed fur ti.e interests and welfare of the State, in order that, we may be ready, having performed all our duotes as legislators, for adjournment at the end of sixtyone days period of the regular session. This resolution was introduced and adopted, but no notice of it w r as taken by those who ruled in die councils of the conspirators. At the same time the senate, by two separate resolutions, acquainted the house v. ith its willingness and readiness to take up, consider|and pass the necessary appropriation bills and other ..ensures pending, so much required and needed for the welfare of the people of this Commonwealth; hut by order of the speaker of the house, the doors of that branch were shut in the faces ot the senate messengers, and the resolutions were returned unread, unnoticed to the branch of the Legislature in which they originated. Mr. speaker feayre, as the instrument and organ of ths cloud of conspirators in ambush behind him, lias become most prominent in this disgraceful attempt to retard and obstruct the legitimate business 'of the session. To this end he h is repeatedly violated

every known principle of Parliamentary law aud usage, refusing a call of the house at its opening each day, as has been made since its first assemblage, although often moved for. He has refused u call of the ayes and noes when regularlyjasked for and seconded. He has refused to entertain appeals on matters of vital importance when respectfully asked and so.onded, and when the house was regularly organized in open session. He has put questions to a vote.while the members were on the floor discussing them- Hehas refused to allow bill; and other papers to be read in full, even when request'd. He has given his consent to an enormous and nnecessary increase of employes of ihe house, aud to extravagant allowances of their payment. Yet, Mr. speaker Sayre and his employes, his petty parasites, down to the veriest spit-toon-cleaner, are drawing their pay to-day under an appropriation bill attested by Mr. Smith as President of the senate. Ihe C nstitution of Indiana provides that no money shall be drawn from the Treasury except by appropriation made by law. Which is worse in Mr. speaker Sayre and his confederates, that they should rob th o State Treasury by absti acting money therefrom contrary to law, or that lie should decline to receive and sign senate bill transmitted to him attested in the same manner, in the regular course of legislative business? To the ignominy of. one of these two alternatives, alike shameful and dishonorable, his own *ct commit him. But the '

most remarkable effect of Mr. speaker Sayre’s conduct has not been felt in the house, which he dishonors by his presence—still more by his presidency- but in the senate, altogether outside of is tyranical jurisdiction. When he announced the passage of the revolutionary resolution of obstruction by the house, eighteen Republican members of tho senate were stricken speechless. This appalling misfortune lias heretofore fallen upon certain offenders in miraculous token of the divine displeasure, as upon John the Baptist’s father for liis unbelief. It is something new, very strange, that in our time it has been inflicted by a single stroke of the gavel in the *ands of a mere mortal. The day is not far distant when the voice and the power of the people of Inliana will cast these dumb demons forth. Their places will be tilled by gentlemen dotned in their right minds, ready and willing to do their duty as members of the senate.

None of these attempts at a peaceable and le&al settlement of the issue between the two houses has met the approval of Mr speaker Sayre or the claimant of the office of Lieutenant-Governor.— All o. t 1 em have been bly disregarded, and this thing shows and proves that these insurrection* ists, their aiders and abettors, both in the Legislature and out of it never desired any peaceable adjudication of their rights, but from the beginning had constantly inten ed, by force or fraud, to subvert the lawful authority of one of the legislative departments of the State Government. One of the most determined and earnest forts to advance the business of the session was made by seratar Barrett, of Allen county, immediately after the passage of the resolution of obstruction by the who offered for adoption the following senate concurrent r- : solution, No. ViWhereas, The session oi this Gen(r.ii Assembly is drawing: to acl se; and, Whereas, The State-hou-e Com mis sioners have ordered a suspen aonof work upon the new Stan’- mise thereby discharging a large force o employes on amount of the failure of* the, necessary appropriations to continue the work, and which failure will entail upon the State the expense of the State-house Commissioners •or two years .enger than necestary to complete the work if suck appro* priations were made; and,

Whereas, It is highly important that the needful legislation b had making provision fur the erection and maintenance of the Soldiers’ and Sailors’ Orphans’ Home, for the completion of the bosDitals for the in'" sane an I t e Stau*«h'.use. so the erection of the asylum for the feeble* minded children so that they may he separated from the soldiers’ orphans, for providing means to divert die j current and extraordinary expenses i o' the State so. ‘he maintenance of the educational Institutions; for the building of the Soldiers’ Monument; and, Whereas, The promot passage of these necessary measures wiii avoid the necessity of an extra session, thereby saving many thousands of dollars to tlie tax-payers of tl.e Star*; !therefore, lie it resolved by the Ssnate, and j House cf lie resentatives concurring ; hernia, that the measures above Dam ed shall receive immediate consideration in both the Senate and t e House of liepresen alive 3. nud be pi unaptly passed.” In reference to another measure, one of the most important bills pass ed the Senate, heretofore alluded to, Senator Trippett, on the 25th day of February, 1887. introduced the following Senate resolution, No. 83: Whereas, Or the 24th day of February, 1887, the Senate passed St nate Bill, No. 27, being an act to maintain political purity and,

bheteas, Webster Dixon. Secretary o f tlu* Senate, acting in his official cjpacitv, did make out and convey the lollowiug message to the House of Representatives, to-wit: “I am dll' cteci to inform the House that the Senate has passed engrossed Senate Bill, -bo. 27, a bill for an act to maintain j olitioal purity; an i the same is herd) transmitted so the House.— Webster Dixon, Secretary of the Senateand, Whereas The doorkeeper of the House of Ref rr-sentatives refused said Dixon, as aforesaid, admittance to tho House, under the direction of Speaker of said House; the said Secretary of the Senate was also informed that the House of Representatives would not have any further commuuh cation with this Senate; therefore, l»e it Resolved, That the Senate learns with regret of the discourteous action of the House of Represtntativt s, and it submit that said action ot .-.aid House, is unpreceden*.ed. unparliamentary and unconstitutional; that it is obstructing nee iful legislation detrimental to the in forest* of the people and levj.uiionary in its tendency.’' The same obstructive cours 1 wa « taken in reference to the bill of Mr. loster, of Madison, a Democratic member ot the House, having for its object the grad d reduction of the fees and salaries of county o'hcers, under the constitutional amendment adopted years ago for that purpose. This bill was introduced, adopted and considered in the House, and passed to the Speaker; and the Clerk, under the direction of the speaker, wholly refused to transmit the same to the senate for its consideration, and the measure so much needed by the people in consequence totally failed. The Senate Concurrent Resolution No. 15, above referred to was considered and passed in the senate and transmitted wdh an accompanying message to the house, on the 28th day of February, 1887; bu + the person in charge ot the senate message was refused admittance to the house, and was informed by the subordinate that he met at the door that he was acting under the instructions of the speaker and the house in making such refusal. This was a wanton act of unauthorized power on the part of the house, wholly unparliamentary and unprecedented in the history of legislative procedure in Ind ana or elsewhere. It was a ruthless violation not only of the rules of the two houses, but of the laws of ordinary decency and propriety governing officiai intercourse between the two branches of the Legislative Assembly. This act did not proceed upon the theory that the house of representatives wo’d dictate to die senate its presiding officer, which would be a position sufficiently absurd and untenable, but this act proceeded upon the / 1 II . . t . A 1

theory that ts e house of ropresentati es could judge rightly of who should be the presiding officer of the senate, and in what manner the messages of the senate should be transmitted to the house— a proposition still more unreasonable. — The senate would have ais much constitutional authority to dictate to the house who should be the speaker thereof, and how its messages should be sent to the other , branch as the house had in this instance to instruct -he refusal of such messa es.

In addition to this, on the sth of March, 1887, just before final adjournment, Mr. speslcer Sayre, having himself signed them sent to the Governor nineteen senate bills enrolled, for the the Governor, instead of transmitting them to the senate and having them there signed by the presiding officer of the senate; but they were submitted to the Governor for signature, and even after he had transmits d such bills to the Governor and that officer had request d the engrossed bills for .be purpose of comparing tli ?m with the enrolled bills, the speaker refused to furnish the Governor with the engrossed bills for the purpose of comparison. Said bills were thereupon sent by the Governor to the, senate, and as many of them as could he verified f oin recollection by the authors thereof, the engrossed copies thereof not being procurable, received the signature of I resident Smith and were transmitted to the Governor

Other bills of great importance fai e l to become laws on account of being unable to verify them, not having any record evidence to do so. The proceeding on the part of the speaker was * holly irregular and unparliamentary. Another act of unparallelled arbitrary conduct Oi the rep'ub’ican house was its adjournment at 10 o’clock a. m. on Saturday, the last day on which bills might have been passed, until 11 a. m. Monda/. That was done for the purpose of preventing theJGovernor communicating with the house and also to prevent th possible passage of the Loan and Appropriation bills. In the whole histor ot the State no such action has ever before taken place. The result o f this interference by one body with the organization and officers of the other would be absolute anarchy and misrule. As deplorable as tlrs condition is, it is one which has been forced upon the people of the State by the action of the Republican factionists in the General Assembly. They have undertaken unlawfully to seat their pretended Lieutenant-Gov-ernor. We have resisted tiieir attempt. We ha' r e offered, at all times, lawfully to adjudicate the question. If evil result from the insurrectionary course of these Republican conspirators we wash our hands of it. Our constituencies shall judge between us. It will certainly be found, upon an examination of the conduct, acts ami facts in the history of this legislative session, that the somewhat helpless nd unfortunate condition in which public affairs of the Commonwealth are left at our adjournment, is due and due only tc tlifactious obstruction of necessary legislation by the Re mblican majority in the house of representatives, and it will also be certainly discovered that t e principal motive for their official malfeasance and misfeasance and di regard for constitutional duty was t’’e desire upon their part to be revenged upon the majority in the General Assembly or their disappointment in failing to elect their candidate for Senator of he United "States. We bave by our action carried into effect the will of the people, supported and defended the Constitution cf the State against the assaults of revolutionary violence, and in so doing the peimanent interests of this Commonwealth have been faithfully maintained and secured.

Inmax H. Fowler, Senator fro ip Clay and Owen: Oscar V. Triplet, Senator srom Dubo : s and Perry; J. M. Barrett, Senator from Allen; S. E. Urmston, Senator from Ripley, Franklin and Union; Charles L. Jewett, Representative from Floyd; Charles Ivellison, R -presentative from Marshall; John R. Gordon, Representative from Putnam; W. H. Shambaugh, Representative from Allen. ♦* ■ ■■ A prehistoric stone image is on the way from Easter Island to the Smithsonian institution. Like many monuments of the sort made by the natives, the image was hewn from the stone in the side of a crater and erected over a grave mound with its face to the sea. — The image is so large that it took eighty men two days to bring it tTo miDs to the sßore. A winlj in time str ugthens the soda water. —Texas i ’ tint's.