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INDIANAPOLIS:
WM. B. BURFORD, CONTRACTOR FOR STATE PRINTING AND BINDING

1919

JOURNAL

OF THE

State Senate of Indiana

THURSDAY MORNING.

on

January 9, 1919. The Senators holding over and the Senators-elect of the State of Indiana met in the Senate Chamber in the State Capitol on January 9, 1919, at 10 o'clock a. m., this being the time fixed by the Constitution of the State of Indiana for the convening of the same, viz.: “Commencing the Thursday after the first Monday of January of every second year after the adoption of the Constitution in the year of our Lord, one thousand eight hundred and fifty-three.”

Lieutenant-Governor Edgar D. Bush, President of the Senate, called the Senate to order.

Prayer was offered by Rev. Louden A. Harriman of Indianapolis.

Lieutenant-Governor Edgar D. Bush addressed the Senate as follows:

Gentlemen of the Senate-Two years ago from this rostrum, I experienced the profound pleasure of appearing before the Senate and receiving the oath to support the Constitution of the State of Indiana. On that occasion, I congratulated the State on the splendid personnel of the Senate. When I look into your faces today, I see no reason for a change of opinion—on the contrary, added cause for congratulation and felicitation.

It is not my duty to recommend legislation. I forfeit no right, however, as your presiding officer, to express my opinion on any subject. Loyalty to my party demands fair and impartial treatment, on my part, of platform measures. In fact all proposed legislation should receive such treatment. I am untrue to my oath of office, however, if I fail to exert every constitutional power at my command to protect the rights, prerogatives and dignity of this Senate. As your sworn administrative officer, I am mindful of the fact that I can not comply with my obligation to you and the State of Indiana without recognizing this Senate to be a creature of the Constitution. No human agency has any right to alter or amend in the least, the prerogative of this Senate, save through the duly constituted and only possible way-by amendment to the Constitution.

VOICE OF THE CONSTITUTION.

You are here, Senators, in response to the mandate of the men who met down in Corydon more than a century ago. No living voice called you into session. The framers of our Constitution are stilled in death, but the Constitution's voice still lives in the hearts of those who cherish the fountain source of our greatness.

You are here, Senators, as the rep

resentatives of an intelligent elector- I am sure there is no man in this ate, and you have been sent here for assembly who does not cherish our the purpose of giving expression by

exalted institution of government. voice and by vote, to your formulated There are none so dull in sentiments opinions on matters of legislation. of citizenship and patriotism. From

The makers of our Constitution the Magna Charta to the American never intended a session of the Gen- Constitution, serious-minded men eneral Assembly to be a ratification gaged themselves with the still more meeting, but rather a constructive serious problem of working out a sysbody, clothed with the sole authority

tem of government which would seto enact legislation in behalf of the

cure for all time the greatest pospeople.

sible measure of liberty. The efforts The German imperial government

of our forebears have been conseunder the late infamous military re

crated with the best blood that ever gime had a bundesrat and a reichstag, gushed through human heart. in outward form, corresponding to our Our governmental system, the great Senate and House respectively. And

American system, the pride of every yet the German people are strangers patriotic heart, the beacon light of to real liberty. A thirst for power

the oppressed of all lands—yea, more, by those intrusted with authority, the hope of the generations still nestwithheld from the people their right- ling in the womb of Time, is unique ful functions. Dynasties are crum

in its three co-ordinate branches, the bling and there is today a serious dis- legislative, the judicial, and the exposition on the part of liberated na- ecutive. The legislative, which has tions to zealously guard their free- to do with the making of laws, the dom.

judicial, which has to do with the in

terpretation of laws, and the execuPERIL OF ENCROACHMENT.

tive, which has to do with the admin

istration of laws. Some of our sister States have awakened recently to the peril of en- CHECKS AND BALANCES. croachment. The people of the north and west have expressed in positive

This system of government by terms their determination to safe

checks and balances was long viewed guard the principle of the people's

with suspicion and disfavor, but the right to retain the power to initiate

records and battle-scarred flags in our government.

State House abundantly attest the Within the last thirty days, meet

willingness of the great American ings have been held in Michigan and

heart to protect the real bulwark of Illinois by representatives of the lo- our liberty from internal dissensions cal communities for the purpose of

and the disposition of one department safeguarding the principles of local to encroach upon the other. self-government, and the people of The spirit of encroachment, with those States are now moving upon the its natural tendency to centralize and legislature with the demand that their consolidate the powers of all departrepresentatives take steps making it

ments in one, must inevitably result possible to write into their constitu- in despotism. tions provisions that will safeguard The seemingly beneficial results, if their inherent rights from further en- any, are only transitory and can in croachment.

no measure compensate for a breach once made in the solid wall of our se- understood its missions to humanity curity; for, through the breach, the that at no time has it faltered in adtyrant may enter as well as the bene- ministering to the happiness and elefactor.

vation of mankind. As a Republican, Gentlemen of the Senate, you are I believe that liberty is a boon too here as representatives of all the peo- dearly purchased to be surrendered ple in your respective districts, re- for mere partisan advantage or pergardless of party affiliations, and you sonal aggrandizement. Is party love are responsible to your various con- a passing sentiment to be traded for stituencies in their entirety. We are personal advantages? mutually interested in lessening our Gentlemen of the Senate, in concluburdens and administering to the hap- sion, I have spoken to you as the adpiness and comfort of all. An eco- ministrative officer of one of the three nomic administration of the people's great co-ordinate branches of governaffairs is as essential as a just and ment, with no feeling other than a equitable one. Centralization of power righteous interest in the welfare of under the mantle of economy and ef- our beloved State. I trust that this ficiency should never be permitted, at session of the legislature may redound the price of encroachment, upon our to our everlasting credit and the imwell-established fundamentals of gov- perishable glory of this great comernment, which for a century and a monwealth, and that the legislation half has been the bulwark of our peo- which we may enact will be wise and ple's safety.

beneficent.

There is a higher duty devolving CENTRALIZATION OF POWER. upon us than this our seemingly high

est duty. Upon each of us rests the There has been a decided tendency

grave responsibility of seeing to it in recent years toward the centraliza

that there is no encroachment upon tion of governmental power. This dis

our sacred, fundamental principles of position should be guarded with zeal

government, the overthrow of which ous attention, because of the inherent

would surely be humanity's loss. weakness of human nature and the natural temptation to abuse admin- The following named Senators, istrative privileges.

elected in 1916 for the constitutional The delegation of power by the peo- term of four years, appeared and anple or through their representatives swered to their names: Beardsley, to the chief executive of State or Na- Bracken, Dobyns, Dorrell, Elsner, tion in a crisis is justified only when English, Erskine, Grant, Hagerty, the same power is returned to the Hudgins, Kolsem, Laney, McCray, people at the termination of the crisis. McKinley, Metzger, Munton, Negley, Any tendency to extend to an execu- Nejdl, Retherford, Signs, Smith, tive increased appointive power Wolfson. should be viewed with alarm, for the good reason that the appointee is re- Lieutenant-Governor Edgar D. sponsive to the power which appoints Bush ordered a roll call of Senators and is not responsible to the people. elected in 1918: Alldredge, Arnold,

I love and cherish the principles of Bainum, Bowers, Brown, Cravens, my party—the Republican party is Decker, Douglass, Duffey, Duncan, dear to my heart. It has been blessed Furnas, Hepler, Hogston, Humphreys, with great leaders who so thoroughly Kiper, Kline, McConaha, McCullough,

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